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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23068
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Our absent (overseas owner) neighbour has left s large

Customer Question

Our absent (overseas owner) neighbour has left his large section turn into a wilderness. There is a huge shallow rooted gum tree which overhangs our house. I have had it appraised by an arborist who says it is a threat and will potentially fall over in one of the next storms onto our house (right onto the bedrooms where family sleep). It would cost $1000 to remove it because of it's size. Do we have any right to ask the property owner to remove it (if it is a threat to life)? He refuses to even mow the lawn and the house is not tenanted.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

Any of the neighbours to this property, including you and the other neighbour, can make an application to the District Court to have the tree removed if it is dangerous. The first step you have undertaken of obtaining the evidence from the qualified arborist is very useful. The next step would be to tell the neighbour that unless he does something, you will take this matter to the District Court to make an application under section 333 of the Property Law Act, and get orders to have the tree removed. It may be useful to get all of the neighbours together to join in the application, which would then enable you to take the necessary steps and obtain appropriate orders to get the work done. It is unlikely the property owner will be able to defend this successfully, especially with the evidence from the arborist. The court will make orders and the tree can be removed