The downsides of moving into a leafy suburb
Q. I am looking to buy my first home after a long period of renting and I’m really keen on a house that I’ve seen for sale in a suburb with lots of mature trees. There are a few on the property I’m looking at, but there are also several next door that shade my house-to-be quite a lot. If the branches are overhanging the property, can we cut them down without getting the neighbour involved?
A. Just as poets have dedicated screeds of words to the beauty and majesty of trees, so have lawyers gone into battle for opposing sides who don’t agree on a tree’s value to their respective properties.
As William Blake once wrote, ‘‘a fool sees not the same tree that a wise man sees’’.
Deciding who the fool is can be rather difficult.
As anyone who lives in a leafy area will tell you, trees can cause no end of bother. Trees can block views, damage fences and interfere with power lines. Wayward roots can disrupt pipes, branches can reduce sunlight availability, leaves can block gutters and windfall fruit can attract rodents. It’s a wonder people ever plant them!
It’s good that you’re considering the possible impact of your potential neighbour’s trees before making an offer on this property. The people who planted them may not have given due consideration to their placement, nor to how big they will grow.
Also, if the trees on your property and those next door are large and well-established, there’s a good chance that their roots may cause problems.
Tree roots are usually out of sight, out of mind until they start snaking their way into retaining walls, foundations or drains.
If you own a property, you are allowed to do whatever you like to your trees, within the bounds of the law that says you have the right to the ordinary use and enjoyment of your land. This is subject to any protection that may apply to your tree. If it’s protected (for example, because it is historic, considered to be significant or needed to prevent erosion), you may need to get resource consent before doing anything to it.
Remember that you can’t unreasonably interfere with your neighbours’ use and enjoyment of their land, which means that you can’t let your trees become a problem at their place (and vice versa).
In terms of dealing with your neighbour’s trees, let’s imagine that you do buy the property and the first thing you do is start swinging your axe or chainsaw at the branches crossing your boundary line. You’re likely to be living in close proximity to these people for some time – do you really want to start out on a negative footing?
Legally, you are entitled to trim any branches or roots that encroach on your property unless they are protected, in which case you may need resource consent first. However, for the sake of being a decent human being, it would be a good idea to talk to the tree’s owners first. Don’t be tempted to take matters into your own hands and poison the tree, or trespass on to their property to chop parts of it off.
One way to resolve the situation is to seek advice from a professional arborist. Getting an expert to prune the tree in a way that doesn’t destroy it completely will be far cheaper than engaging a lawyer.
In a scenario where a neighbour’s trees aren’t overhanging your property but present a risk to it (such as toppling over in high winds), and you can’t sort it out with a chat over the fence or with an arborist’s help, it may be time to seek help from the Disputes Tribunal or the district court.
Whatever you choose to do regarding this property, use this as a learning experience: when you do buy a place, think carefully before you plant a tree. Mighty oaks from little acorns grow.
❚ Kevin Lampen-Smith is the chief executive of the Real Estate Authority (REA), the independent government agency that regulates the New Zealand real estate industry. If you have a question about buying or selling property, send it to susan.edmunds@stuff.co.nz For independent advice on buying or selling property, check out settled.govt.nz.