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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22962
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I live in a rural area in Northland & have asked my neighbours

Customer Question

Hi - I live in a rural area in Northland & have asked my neighbours not to spray round-up on the boundaries between our two properties. They have refused and said they will continue to do so. The line of dead grass from the spray comes about half a meter into our property, into the paddock where we grow figs, avocado, pine nuts and macadamia trees. They continue to spray up the driveway which they say is their's and that we have just got the right to use it so they can spray & plant whatever they like. Do we have any rights around the issue of spraying with these toxic, damaging herbicides? Thank you for your time, Josephine
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
They must be careful with spray drift as there have been a number of cases where people have successfully sued for damages caused by careless spraying of weedkillers. If they will not stop doing this on the boundary, then your next step would be a letter from your lawyer warning them they must stop and that the potential for damag to your crops is such that you will hold them responsible for any damage. The existing damage on the driveway is affected because any work on a driveway easement must be by consent, and therefore if they continue, you could obtain an injunction in court to stop this, and damages if they persist