Our neighbours have huge trees (three storeys high in some cases). They are on our south/southwestern boundary so are not blocking our sun, but they shed leaves/flowers/pollen practically year round. A large majority of those leaves end up in our property. We have no leafy trees - all our plants are palms and flaxes - so we can confidently identify the leaves as "belonging" to our neighbours. I was wondering if we have any rights regarding the leaves? We regularly have to pay for the removal of our leaf-filled green bin and to have our drains and gutters unblocked.
Rae Johnson, Auckland.
Where trees on a property cause a nuisance and interfere with a neighbour's right to enjoy their land, legal remedies may be available. Compensation can be sought in the Disputes Tribunal for damage up to a claim of $15,000. The law also allows a "self-help" remedy, such as cutting off encroaching roots or overhanging branches.
The Property Law Act 2007 (sections 333 to 338) gives a district court judge the power to order an occupier to remove or trim trees where they unduly obstruct a view or are an actual or potential risk to life, health or property. It might be worth a call to Auckland Council or a visit to your citizens advice bureau.
How did White Swan Rd in Mt Roskill get its name? Jacqueline Dunn, Auckland.
