Trees on boundary issue.
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| 1 | Have an area of trees right on the boundary that are now after 20 years grown to be a nuisance. One is pushing on the timber paling fence moving it as it grows, another has large roots growing through the fence as on the other side the area has been mulched up to the bottom rail so the roots are now growing in the mulch and through the bottom section of palings. On the council website it gives advice and suggests talking nicely to the neighbouring property owner to rectify the problem. If this fails then legal action should be taken. So I contacted the owner and the answer was they will trim the trees but they won't remove them, so the roots and the pushing the fence over will not be addressed. All straight forward so far, but now I say that the council own the property and is a reserve. So , do I now follow their own advice and take them to court. And what would this cost me. How does that work, what is the small claims court. Any info and advice appreciated. pisces47 - 2021-01-29 11:29:00 |
| 2 | Property Law Act, Sections 332 onwards. Apply to Disputes Tribunal. https://www.disputestribunal.govt.nz/can-help-with/ sparkychap - 2021-01-29 11:36:00 |
| 3 | While considering your options suggest you put in an official information request to the council. If you can pin the council down in relation to the fence damage, possibly via a fencing notice, might find they come to the party to fix the fence and also the cause. This also assumes the council is bound by the Fencing Act, not sure but I think may not be if there is a fencing covenant. Ask for - the council policy and procedures for dealing with neighbouring tree / boundary fence damage issues; and also specifically for dealing with these issues where the land is council owned; if there is a fencing covenant; then ask for the specific procedures applied and considered when your decision was made, including any file notes. The intention is to gather definitive information in writing from the council, while expending minimum effort from you and not-so-minimum from the council who have to investigate and meet the required time frame. Lots of actual requests at fyi.org.nz as guidance. Your rates dollars at work! artemis - 2021-01-29 12:55:00 |
| 4 | Talk to the neighbour first. See how you go. You could always get a trench dug along your fence line cutting of the roots on your side, while at it paint some killer on them, put the soil back and wait and see, you can also cut the branches on your side and then it may fall over sooner. msigg - 2021-01-29 17:33:00 |
| 5 | Is it a peach tree? thumbs647 - 2021-01-30 07:26:00 |
| 6 | Thankyou #2 pisces47 - 2021-01-30 07:49:00 |
| 7 | thumbs647 wrote: bryalea - 2021-01-30 08:22:00 |
| 8 | thumbs647 wrote:
It's not growing in the fence, so it's not our friend. smallwoods - 2021-01-30 09:02:00 |
| 9 | thumbs647 wrote: That was like a year ago, just let it go, already. Edited by sparkychap at 9:20 am, Sat 30 Jan sparkychap - 2021-01-30 09:12:00 |
| 10 | sparkychap wrote: DC gabbysnana - 2021-01-30 09:43:00 |
| 11 | gabbysnana wrote: Why DC? sparkychap - 2021-01-30 09:48:00 |
