Trees on boundary
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| 1 | Property next door has sold and the new owners advise us that they intend to remove the trees on our boundary. The trunks straddle the boundary, but are mostly on their side. We don't want the trees removed. Do we have a legal interest? Don't really want to start a fight with a new neighbour, nor do I want to get all legal on them. Would prefer a compromise, but do we have rights? countrypete - 2020-12-02 19:47:00 |
| 2 | does the boundary have pegs ? jethrocat - 2020-12-02 20:23:00 |
| 3 | Yes depends on where the boundary pegs are, if mostly on there side They can cut them down, no problem, you can just plant some on your side, easy. msigg - 2020-12-03 07:13:00 |
| 4 | The property has been surveyed and new pegs sited. The trees are definitely straddling the boundary. countrypete - 2020-12-04 08:34:00 |
| 5 | msigg wrote: Pretty hard to plant new 100-year-old Macrocarpa! They border our driveway and provide a shaded tunnel effect, so are very much valued by us. Edited by countrypete at 8:36 am, Fri 4 Dec countrypete - 2020-12-04 08:34:00 |
| 6 | countrypete wrote: That is SO disappointing they want to remove such beautiful old trees! Is there a good reason why they want them removed? Do they cause damage/ cut sun from their home? lyl_guy - 2020-12-04 09:27:00 |
| 7 | If they are close to your house they can be deemed a risk by insurance company msigg - 2020-12-04 11:53:00 |
| 8 | I have 6 metre trees along part of my driveway and the new developer owner next door want to remove them. I mentioned that the boundary was on their side but they said their survey showed that the trees were on their side,They wouldn't show me their survey results so I think its just a developer pushing their luck. Nothing is happening at the present androth2 - 2020-12-04 12:17:00 |
| 9 | countrypete wrote:
Not hard at all, just need a bigger shovel!!!!!!!!!!!! Just be thankful they are not PEACH trees, I've heard they can start a fight. Edited by smallwoods at 2:03 pm, Fri 4 Dec smallwoods - 2020-12-04 14:02:00 |
| 10 | Https://www.consumer.org.nz/ar- https://communitylaw.org.nz/community-law-manual/chapter-26- Edited by artemis at 2:11 pm, Fri 4 Dec artemis - 2020-12-04 14:10:00 |
| 11 | If the tree is directly on the boundary, then it's fair to say that both sides own a share of the tree. I think the other side would be entitled to remove the parts of the tree that exist on their property, that is, the parts of the tree they "own". However in doing so this is likely to require the destruction of your half of the tree at the same time (or at best would kill it) and you should be entitled to receive compensation for this destruction of your property. You should probably accept that the trees are going to go, and focus your energy on deciding what you think a fair compensation would be to ask them to provide. The Disputes Tribunal is an option for you if you can't come to an agreement. bitsy_boffin - 2020-12-04 15:44:00 |
| 12 | I have seen some arborists in NZ do severe side trim on lines of trees. #1 Are the trees on any heritage or protected tree list etc, or could a council place the trees on a protected list? The tree arbitrator is usually dealing with tree/ powerlines etc issues the whole time. serf407 - 2020-12-04 15:55:00 |
| 13 | countrypete wrote:
Macrocarpa are very tough trees as we had some ancient ones split and lose limbs during a massive wind storm in 2010. They were made safe with a chainsaw and are still standing with no ill effects at all. They were also hit by a similar but much longer lasting storm in 1975 although some did blow over on the neighbour's property during that storm. These ones are on the boundary and still provide shelter for the animals. kacy5 - 2020-12-04 19:35:00 |
| 14 | I have a situation with trees planted on the boundary line, anyone know what the law says about this? masturbidder - 2020-12-05 23:05:00 |
| 15 | artemis wrote: Thank you. countrypete - 2020-12-08 07:12:00 |
| 16 | serf407 wrote: Thank you. Trees are not listed or heritage. Good point to ask an urban landscaper. Edited by countrypete at 7:14 am, Tue 8 Dec countrypete - 2020-12-08 07:13:00 |
| 17 | bitsy_boffin wrote: It occurs to me that 'fair compensation' might be half of the timber, and none of the cost. gyrogearloose - 2020-12-08 15:16:00 |
