Trees can enhance the beauty and value of a neighbourhood, but what happens when a neighbour's tree grows into your property or causes issues?
The question arises: can you legally prune your neighbour's tree in New Zealand?
Let’s dive into the laws, best practices, and scenarios to help you navigate this common issue.
In New Zealand, you are allowed to prune branches of a neighbour's tree that overhang your property, but there are some important conditions.
You can only prune branches that cross onto your property. You are not permitted to enter your neighbour’s property without their permission to cut branches.
Any pruning must be done carefully to avoid harming the tree. If your actions cause the tree to become unhealthy or die, you could be held liable for damages.
You are legally required to offer the pruned branches back to your neighbour. If they decline, you must dispose of them responsibly.
Some trees, particularly notable or protected species, are subject to local council bylaws. You may need consent before pruning such trees, even if they overhang your property.
Pruning a neighbour’s tree may be necessary if.
Branches Are Blocking Light - Overhanging branches that block sunlight can affect your garden or solar panels.
Leaves Are Causing Gutter Blockages - Regular pruning can prevent costly maintenance.
The Tree Poses a Safety Hazard - Branches at risk of falling onto your property can be pruned to ensure safety.
1. Communicate Openly
Before taking any action, discuss the issue with your neighbour. Explain the problem and propose a solution. This can help maintain good relations.
2. Offer to Share Costs
If professional pruning is required, offering to split the cost can encourage cooperation.
3. Put Agreements in Writing
For clarity and to avoid disputes, document any agreement you make with your neighbour.
An Auckland homeowner noticed branches from their neighbour’s pÅhutukawa tree blocking their solar panels. After discussing with the neighbour, they agreed to hire an arborist. The branches were pruned for $800, with costs shared equally.
A large willow tree on a neighbour’s property had branches hanging over a family’s driveway. They obtained the neighbour’s permission and hired a professional arborist. The total cost was $1,500, and the family disposed of the branches themselves.
A homeowner in Northland wanted to prune overhanging branches from a protected kauri tree. They applied for council consent, which added $300 in fees. An arborist was hired for $2,000 to ensure proper techniques were used.
What to Do If Your Neighbour Refuses to Cooperate
1. Seek Mediation
Community mediation services can help resolve disputes amicably.
2. Involve the Council
If the tree is causing a serious issue, your local council may intervene, especially if the tree poses a hazard.
3. Legal Action
As a last resort, you can pursue legal action. However, this can be costly and time-consuming, so it’s best to explore other options first.
1. Hire a Certified Arborist
An arborist can ensure the tree is pruned correctly and safely, reducing the risk of damage or liability.
2. Use the Right Tools
Ensure you use sharp, clean tools to make precise cuts and minimise harm to the tree.
3. Prune in the Right Season
Trimming during the dormant season (late winter or early spring) is ideal for most trees.
4. Avoid Over-Pruning
Removing more than 25% of the tree’s branches can stress the tree and affect its health.
The cost of pruning a neighbour’s tree depends on the tree’s size, species, and location. Here’s an estimate:
Yes, you can prune a neighbour’s tree in New Zealand if the branches overhang your property.
However, it’s essential to stay within your property boundary, avoid damaging the tree, and communicate with your neighbour.
For protected trees, council consent may be required.
To ensure proper pruning and maintain good neighbourly relations, consider hiring a certified arborist.
Ready to tackle the overhanging branches?
Contact a local arborist today for expert advice and a free quote!
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