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Neighbours trees or bushes encroaching on your property?

When dealing with overhanging trees and boundary issues, it’s important to know your rights and responsibilities as a property owner.

In New Zealand, if tree branches or bushes cross onto your property, you are permitted to trim them back up until your boundary line so long as you do not cause permanent, irreparable damage to the tree.

However, any trimmings that you remove still belong to the tree owner and you must, or offer, to return them.

Tree owners are required to prevent their trees from causing damage or excessive interference with neighbouring properties. If tree roots damage a neighbours fence, drains, property or driveway the tree owner may be held liable for repairs.

If a tree creates a nuisance, like blocking sunlight or affecting your property’s value, it’s best to approach the issue calmly and communicate with your neighbour to reach a resolution as the first port of call.

If the property is tenanted then try to reach out to the property manager or landlord directly as they may not be aware of the issue the tree is causing.

However, if the dispute escalates, options such as mediation or the Disputes Tribunal may be necessary. It’s also helpful to understand who legally owns the tree, as ownership can sometimes be unclear, especially when it comes to boundary lines. Seeking legal advice early can help clarify your position and avoid long-term conflicts.

In the first instance the goal should be to reach an amicable resolution with the owner of the neighbouring property to ensure a positive relationship can continue.