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Thread: Can a tree be illegal?

  1. #1
    Join Date
    Feb 2008
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    Edinburgh>Cambridge>Auckland
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    758

    Default Can a tree be illegal?

    We've just moved into a new house and we're having some 'interesting' interactions with our new neighbours. I've just been round for a chat with one set cos they had a gardener 'trim' our trees yesterday. They seem to have had some sort of agreement with the previous owner but we were a bit annoyed to come home and find someone had chainsawed our trees rather brutally.

    The neighbours told me that one of the trees in question is illegal and the council would make us take it out. They then said that legally we are not allowed to block their view.

    Anyone know anything about illegal trees? Particularly in Auckland.

    We're keen to keep things on good terms with our neighbours - I just told them to talk to us in future and that we would be reasonable. But I did feel rather uncomfortable with their attitude so would feel better with the facts behind me.

  2. #2
    Join Date
    Sep 2006
    Location
    Sydney, Australia
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    2,691

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    Is it a tree at the front of your property? Do you have any covenants on your property or are there local bylaws that restrict the height of trees/vegetation at the front of the property?

    I also found this which might be useful:

    http://www.consumer.org.nz/reports/trees-and-neighbours

  3. #3
    Join Date
    Jan 2007
    Location
    North Canterbury to UK
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    Default

    Sorry but think your neighbours are having you on.

    http://www.freelegaladvicehelp.com/r...erty-Line.html


    http://www.howtolaw.co.nz/html/ml292.asp


    The way I understand it is that if they've chopped anything off that is your side of the fence they have broken the law.


    As for trees that are illegal I'm not sure but here in Christchurch some plants/ trees are discouraged from being sown/planted as they are viewed as being non native and invasive.

  4. #4
    Join Date
    Feb 2011
    Location
    Australia
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    9

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    Quote Originally Posted by benandclare View Post
    Sorry but think your neighbours are having you on.

    http://www.freelegaladvicehelp.com/r...erty-Line.html


    http://www.howtolaw.co.nz/html/ml292.asp


    The way I understand it is that if they've chopped anything off that is your side of the fence they have broken the law.


    As for trees that are illegal I'm not sure but here in Christchurch some plants/ trees are discouraged from being sown/planted as they are viewed as being non native and invasive.
    Yep, I agree. I'd go and have a chat with someone at the council. The damage is done now, but they should at the very least clean it up.

  5. #5
    Join Date
    Apr 2010
    Location
    US / MO
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    Default

    Wow! Now that's a real nice "How do you do?"! Don't think I'd be having them over for a BBQ anytime soon.

    ~DonD

  6. #6
    Join Date
    Feb 2008
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    Edinburgh>Cambridge>Auckland
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    Default

    Luckily they are not immediate neighbours! I feel a bit better with some info behind me and hopefully this is a one off. They did seem a little 'merry' when I went round ;-)

  7. #7
    Join Date
    Jun 2009
    Location
    Manchester > Now Tauranga
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    Default

    Can a tree be illegal?
    Depends on if it's got a paramilatary branch.

  8. #8
    Join Date
    Sep 2008
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    Poole, UK to Chch, NZ
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    Quote Originally Posted by Duncan74 View Post
    Depends on if it's got a paramilatary branch.

  9. #9
    Join Date
    Aug 2008
    Location
    Wellington
    Posts
    918

    Default

    Being in the telecoms industry in the UK and responsible for putting up poles, I can tell you that certainly in the UK no one has a legal right to a view.

    You have a right to light, and here in NZ the building rules include the 45 degree rule (a building cannot higher than a line drawn at 45 degrees away from the boundry starting at single story height without express council permission which is not normallt granted if neighbours object)

    Having said all of this, as the previous link suggests, a degree of being reasonable does come into it.

    As for 'illegal' trees, I do no that invasive species are rotuinely removed from council land as was the case with a pine at our last house....one day a red dot appeared with a letter saying the tree would be removed...and before we could get in contact with the landlord ....it was gone with about 20 other trees on the road.

    Having had our drains blocked several times by Pohutukawa trees I do sympathise with anyone wanting to remove these pests (they are NON native in the Wellington region but some how protected!)

  10. #10
    Join Date
    Nov 2009
    Location
    Vancouver, BC > Auckland
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    Default

    They definitely can not cut your tree without your permission. The tree cutters are trespassing and should not have entered your property without permission.

    We had a similar thing happen in the place we were house sitting. We arrived back and found someone cutting the tree on the property line. The tree cutter tried to claim that the branches were overhanging and dangerous, which is one case where they are allowed to cut them. Even though they tried to make excuses, they cleaned up and got off the property fast when we threatened them with trespass charges.

    If you need some legal advice, the Citizens Advice Bureaus are great. They would be able to tell you what your options are. And the best part is that they are free.

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