Trees are an essential part of the ecosystem. They not only encourage wildlife but also offer shade to provide food for animals. However, as a landowner, you are required to keep your land tidy and respect other landowners’ boundaries. This is where overhanging trees can become an issue. You are responsible for ensuring that your trees do not cause a problem for anyone else, so dealing with them needs careful consideration.
Identifying the Problem
You must keep a close eye on the trees on the borders of your property. These can quickly grow during the summer and start to encroach on a neighbour’s land. If you discover that one of your trees is starting to grow over a neighbour’s boundary, then you need to look at ways to trim it and what to do with the tree chippings.
If there is a tree encroaching on your land, then talk to the owner to see if an arrangement can be made. This is the best option initially, however, there are other avenues open to you if no agreement can be made.
Abatement
If any roots or branches from your neighbour’s tree encroach on your land, you are entitled by law to trim them back. This is called “abatement.” However, you are only allowed to trim them back to your property line, and no other damage is permitted.
If you are unable to do this yourself, then seek a tree company in Tauranga. We at Tree Control can offer this service to you and we can advise you about what to do with tree chippings if you want to keep them.
All branches and fruit on the tree belong to your neighbour and should be placed on their side of the boundary.
Other Actions That Can be Taken
If you and your neighbour cannot agree on an arrangement to trim the tree, they can approach the district court for an order for removal or trimming.
However, If the tree is not causing harm or loss of enjoyment, then abatement may be the only option.
Need assistance with tree trimming or removal? Let Tree Control, your local Tauranga tree company, lend a hand. Contact us today for expert arborist services.
Frequently Asked Questions
Can I cut overhanging branches?
You have a legal right to cut any branches that hang over your side of the boundary. This common-law right is called “abatement,” but you must ensure you do not trespass on your neighbour’s land or damage the overall health of the tree while doing so.
Can I cut to the boundary?
You are permitted to trim encroaching branches or roots exactly to your property boundary line. While the law allows this, you are not permitted to cut further into the neighbour’s property or remove the tree entirely without their express permission.
Do I need neighbour permission?
Permission is not legally required to trim branches that are already on your side of the boundary. However, we recommend speaking with your neighbour first to maintain good relations and to discuss what will happen with the clippings.
Who pays for trimming?
The person who carries out the trimming is generally responsible for the cost of the work. You can only share the cost or require the tree owner to pay if the tree is legally deemed a nuisance or if you have a prior agreement with your neighbour.
Must I return the branches?
All cut branches, fruit, and flowers still legally belong to the owner of the tree. You should offer the clippings back to your neighbour; however, if they do not want them, you are responsible for disposing of the debris properly rather than throwing it back over the fence.
Can I pick overhanging fruit?
No, any fruit on the branches still belongs to the tree’s owner. While you have the right to trim the overhanging branch, the fruit itself remains the neighbour’s property and should technically be offered back to them.
What if the tree is protected?
You must obtain council consent before trimming if the tree is listed as “Protected” or “notable” in the District Plan. Damaging a protected tree without a permit can lead to heavy fines, even if the branches are overhanging your property.
What if it damages my property?
The tree owner may be held liable if their tree causes actual damage to your structures or drains. In these cases, it is important to get a professional assessment from us to document the hazard and support any potential insurance or legal claims.