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I will keep this as brief as possible. My husband and I

Customer Question
Good morning. I will keep...

Good morning. I will keep this as brief as possible. My husband and I lived in Christchurch until the earthquake of 2011 and our property was via a ROW over our neighbours property. There were numerous trees along one side of the ROW which we maintained, pruned etc. In the course of preparing our land for the demolition of our house (it was un repairable) the demolition company "trimmed" the trees, savaged would be a better description. We persuaded the owner of the property to allow us to remove the damaged trees with an agreement that we would replace them with something else. The owner of the property has demanded that we replace the original self sown trees with huge exotic, expensive specimens which we have been advised are too large for the proposed area. My question is, do we have the right to dictate what is to be replanted ? The new owners of our home (we sold it after being rebuilt) have expressed concern at the trees expected by the owner/neighbour along with the neighbour along the fenceline who does not want trees to be replanted. I should also mention that my husband and I replaced dilapidated fence and shared the cost with the neighbour over the fence. Sorry if this sounds complicated. Many thanks and kind regards ***** *****
JA: Have you talked to an attorney or solicitor about this?
Customer: I have had a conversation with the daughter of our ex neighbour over the fence who is a lawyer.

JA: Has anything been filed or reported?
Customer: The owners of the property have filed against us in the small claims court and the hearing is set for 9th August. I feared this issue would not be resolved without a court summons as the owner s of the property have been unwilling to accept our suggestions of alternative planting and refused point blank to contribute to the replacing the fence, hence a stalemate has arisen.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I could witter on about the abusive letters we have received regarding this but it's not your problem, I really just would like to know what our legal obligations are please. Many thanks

Submitted: 3 months ago.Category: New Zealand Law
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Answered in 1 hour by:
7/27/2017
Solicitor: Chris The Lawyer, Lawyer replied 3 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,193
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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If you have an agreement to replace the trees this would need to be interpreted in reasonable terms. So small new trees would satisfy the agreement and even though they want replacements that cannot have been the agreement you reached as that would be unreasonable. You should make them an open offer of the replacement trees of a reasonable cost and size before the hearing and then show this to the referee. The issue of the failure to contribute to the fence should also be raised
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Chris The Lawyer
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23,193
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Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

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