Ask Phoebe: Neighbours entitled to seek redress over nuisance trees

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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.

According to Auckland City Library's database, White Swan was named in the 1900s after an early coastal steam ship.

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