A hypothetical situation that l was interested in knowing about. We have an 800m2 section with lots (and l mean lots) of trees. They make the section. Is it possible to put a covenant on the property re trees not being able to be removed (disease excepted)? And if it was, what can be done if someone ignores the covenant.
Not actually intending to do it, but the new laws just made me wonder how someone would cover this situation. TIA.

margie05 - 2021-10-26 18:57:00

margie05 wrote:

A hypothetical situation that l was interested in knowing about. We have an 800m2 section with lots (and l mean lots) of trees. They make the section. Is it possible to put a covenant on the property re trees not being able to be removed (disease excepted)? And if it was, what can be done if someone ignores the covenant.
Not actually intending to do it, but the new laws just made me wonder how someone would cover this situation. TIA.

Yes, you can. Covenants can be enforced by the landowner(s) who benefit from the covenant.

Depending on the tree, you could possibly also have a tree registered with the local council on their notable tree register. If they are heritage trees you have other options.

Edited by johnston at 7:09 pm, Tue 26 Oct

johnston - 2021-10-26 19:05:00

I assume in this "hypothetical situation" after the sale of the land you will be a neighbour to this section and as such would still derive some "advantage" from the trees remaining ?? Of what consequence to you is it if the trees are there or not, once you have sold the property and taken the money and moved "to the gold coast" ??
Just remember for every odd / restrictive covenant you put on can potentially also restrict your sales base, and maybe limit the price you would get.. "I like this bit of land and I would like to do this, this and this with it, but because of the trees, I am limited to just this so it is only worth $x to me"!!
No potential buyer is going to thank you for the covenant, if they want the tress to remain they will decide for themselves not to cut them down !!

onl_148 - 2021-10-28 15:57:00

onl_148 wrote:

I assume in this "hypothetical situation" after the sale of the land you will be a neighbour to this section and as such would still derive some "advantage" from the trees remaining ?? Of what consequence to you is it if the trees are there or not, once you have sold the property and taken the money and moved "to the gold coast" ??
Just remember for every odd / restrictive covenant you put on can potentially also restrict your sales base, and maybe limit the price you would get.. "I like this bit of land and I would like to do this, this and this with it, but because of the trees, I am limited to just this so it is only worth $x to me"!!
No potential buyer is going to thank you for the covenant, if they want the tress to remain they will decide for themselves not to cut them down !!

A lot of those trees in the way of progress tend to die

toyboy3 - 2021-10-28 18:58:00

margie05 wrote:

... trees not being able to be removed (disease excepted)? And if it was, what can be done if someone ignores the covenant...

What if a lightening strike or gust of wind takes out some trees? What the insurance company describes "an act of god". Who are you going to take to court?

gyrogearloose - 2021-10-28 19:29:00

No - it was more just a rambling thought process after thinking that in 20 years time or so, the developers would have been in - flattened the house, removed the trees and turned it into a soulless area. Progress l guess, but at least it would presumably house 3 families.

margie05 - 2021-10-28 20:00:00

toyboy3 wrote:

A lot of those trees in the way of progress tend to die

They often have a nasty accident that involves a bulldozer and / or a chainsaw... you never know when a once quiet / docile bulldozer will just leap into action and attack some trees that are just standing there minding their own business, and you can not trust a chainsaw either !!!

Edited by onl_148 at 12:03 pm, Fri 29 Oct

onl_148 - 2021-10-29 12:03:00

If you put a covenant on the land and then sell it, who would you expect to enforce the covenant? Would you be prepared to come back in 20 years en make sure it was honoured?

Same applies to the sale of the estate type houses - these sorts of covenants are sales bullshit unless there is a mechanism to ensure their adherence.

tegretol - 2021-10-29 23:01:00

You make a good point there Tegretol. So who does enforce the covenants in the subdivisions? Like the one we have in Christchurch where the grass is only allowed to grow to a defined length.
And as to the rampant bulldozer. There was a house in Christchurch where the developer had permission to remove the back part of a heritage listed house on a section with a protected tree. He went in at 2 in the morning, flattened both, copped a quarter million dollar fine and made millions on the project. Money talks.

margie05 - 2021-10-29 23:21:00

margie05 wrote:

You make a good point there Tegretol. So who does enforce the covenants in the subdivisions? Like the one we have in Christchurch where the grass is only allowed to grow to a defined length.
And as to the rampant bulldozer. There was a house in Christchurch where the developer had permission to remove the back part of a heritage listed house on a section with a protected tree. He went in at 2 in the morning, flattened both, copped a quarter million dollar fine and made millions on the project. Money talks.

The answer is the same as i posted in #2.

johnston - 2021-10-30 06:33:00

johnston wrote:

The answer is the same as i posted in #2.

why do you always have to ruin a good rant with facts, Johnston?

sparkychap - 2021-10-30 07:08:00

One of our blocks has a tree covenant.
The power suppliers came and cut down a few.
We asked the council how this was allowed.
They said "as they were a danger to infrastructure and or people and housing, they could be felled"
So I asked our neighbour if our trees along his boundary (also his property was under the same covenant) were a danger to his house and family.
He said yes.
Next minute that line of trees were down.
Since then, he has done the trees on his property.
The neighbours next to him have done theirs and now the last of the properties under that covenant are clearing their trees.

So either, any affected properties or the original seller could have done something.
In this case, the seller is in Blenheim and we have heard diddly squat.

Edited by smallwoods at 10:25 am, Sat 30 Oct

smallwoods - 2021-10-30 10:24:00

Covenants are more often than not just a sales & marketing ploy to make buyers think they are buying protection that will be enforced by someone else. But in fact, once the developer who applied the covenant has his cash out, he walks away happy in the knowledge that he has no ongoing liability. As #2 said, it is down to the owner or those affected to feed the lawyers to argue it out.

tegretol - 2021-10-30 10:33:00