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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22157
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Neighbours tree issues

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Hi, I've just come back from holiday to find the branches of a tree which was growing on my neighbour's property cut and left in my backyard without my permission. The branches were overhanging my property but I didn't want them cut off. Now he's gone and cut the whole tree down and the branches which were overhanging my property have been left in our backyard without our permission. Is he allowed to do this? Or can I throw back the branches onto his property seeing that I didn't want them cut?

christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

You certainly can ask him to remove the branches from where they fell. He has a clear duty at law to clear the tree remains and if they fall on other properties, to remove them. You are entitled to ask him to remove the debris.


Thanks for the reply Chris. Can you please state what the relevant act and section this falls under as a reference in case my neighbour disputes anything I put to him?

christhelawyer :

This isnt covered by an act of parliament, but is a common law principle, about nuisance. This means that you cannot just spread the tree debris, because as the person who trimmed the tree you are responsible for the clearance.


What can I do in the event that he refuses to remove the tree debris off my property? Can I throw it all back onto his property (without causing any damage of course)?

christhelawyer : Yes you can

Thanks Chris you've been a great help! Much appreciated.

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