By Kay Keam - 1 Feb 2009
Although nature can create a beautiful vista, the neighbour's
tree is probably not the outlook you had in mind. Here's how to
prevent the situation from turning ugly.
Consider starting with a letter to your neighbours
Begin by highlighting your concern and explaining the powers of
the Court under the Property Law Act. This can often result in a
favourable outcome without the expense of having to go to
Court.
If necessary, apply to the Court for help
For the Court to be able to help, your concerns must relate to
the trees either:
- blocking your view
- reducing your view
- blocking sunlight
- interfering with the reasonable enjoyment of your property
or
- being a danger to life/health or property.
In these cases, you can apply to the Court to have the trees
removed or trimmed. Your lawyer would make an application in
accordance with sections 332 to 338 of the Property Law Act
2007.
What the Court does
When making a decision, the Court considers things like:
- the usefulness or desirability of the trees (referred to as
'amenity')
- the public interest
- the historical, cultural or scientific significance of the
trees.
The Court also takes into account the likely effect of removing
or trimming of the tree on things like ground stability, water
table or runoff.
The Court has the power to make orders that are fair and
reasonable. The Court can balance the relative hardships of either
removing or not removing the trees.
If you require advice on any trees or on other
environmental law matters concerning you, please contact Elise
Markwick.