Key takeaways
- You can usually cut overhanging branches back to the boundary line, but talk to your neighbour first.
- Fruit on overhanging branches still belongs to the tree's owner.
- Check the tree isn't protected before any work, and get advice if the problem can't be sorted by agreement.
This is general information, not legal advice. For your situation, talk to your local Community Law Centre or Citizens Advice Bureau.
Start with a conversation
Community Law says it's always best to talk to your neighbour first and agree on a solution. Most tree problems get sorted this way, and it keeps things friendly. Some neighbours are happy to share the cost of a trim, especially if it tidies their side too.
Cutting back overhanging branches
- You can cut back the parts of a neighbour's tree that overhang your property, as far as the boundary.
- Fruit and flowers on overhanging branches belong to the tree's owner, so don't pick them even though they're on your side.
- Cut carefully. Heavy or badly placed cuts can damage the tree, and a damaged tree can turn into a bigger dispute.
- Check first that the tree isn't protected. Some trees need consent before they can be pruned. Here's how to check in Auckland.
If the tree is causing damage
If branches or roots are damaging your property, you can remove the parts that encroach. Community Law says you can then claim the cost of that work and of repairing the damage from your neighbour through the Disputes Tribunal or the District Court.
When the District Court can order work
Under the Property Law Act 2007, you can apply to the District Court for an order to have a neighbour's tree trimmed or removed. The judge has to be satisfied the order is fair and reasonable, and necessary to deal with things like:
- a risk to someone's life, health or property
- an undue obstruction of your view
- unreasonable interference with your use and enjoyment of your property, such as falling leaves, fruit or branches, or blocked light
- leaves or roots blocking your drains or gutters
The judge also weighs up the hardship on both sides, and judges are generally cautious about making these orders. If you get an order, you usually pay the reasonable cost of the work unless the judge decides otherwise.
Where to get free advice
Your local Community Law Centre gives free initial legal advice, and Citizens Advice Bureau can help on 0800 367 222.
Getting the work done
Once you and your neighbour have agreed, I can trim the branches back neatly and take all the green waste away, so nobody's left with a pile on their side. See tree trimming or ask for a free quote.