Law has lots of ways to settle neighbours' arguments over trees

There are several legal options to avoid trees becoming a neighbourly nuisance. Photo / Thinkstock

The neighbourly thing to do is to keep trees trimmed so the branches don't grow over neighbours' properties and become a nuisance. Is there any legal obligation regarding this?
Denise de Groot, Rothesay Bay.

Indeed there is, both nationally and locally. Where trees on a property cause a nuisance and interfere with a neighbour's right to enjoy their land, legal remedies may be available to compensate or rectify the problem.

Compensation can be sought in the Disputes Tribunal for damage caused by trees - such as roots blocking a drain - up to a claim of $15,000 (or $20,000 if both parties agree).

The law also allows a "self-help" remedy, such as cutting off encroaching roots or overhanging branches.

The Property Law Act 2007 (sections 333 to 338) gives a District Court judge the power to order an occupier to remove or trim trees where they unduly obstruct a view or are an actual or potential risk to life, health or property.

Local authorities have extensive powers under section 133 of the Public Works Act 1981 and section 355 of the Local Government Act 1974 where trees encroach on public land obscuring visibility or interfering with public works.

(Source: Neighbourhood Support website)

And, Auckland Council is considering a draft property maintenance and nuisance bylaw for cases of failure to maintain property causing nuisance or a risk to public health, such as overgrown sections and other issues. Enforcement, compliance and time frames are likely to be put out for public submissions.