The Star: September 19, 2019
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<strong>The</strong> TLC Realty experience<br />
Home<br />
& Property<br />
40 <strong>The</strong> <strong>Star</strong> Thursday <strong>September</strong> <strong>19</strong> 20<strong>19</strong><br />
EvEry Thursday<br />
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Over 70 replies to one ‘For Sale’ ad and so many<br />
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What to do about trees?<br />
Some of the most beautiful streets in the world<br />
are lined with trees – think the Champs-Élysées<br />
in Paris or Yaesu Sakura Street in Tokyo, with its<br />
stunning cherry trees – but as anyone who lives<br />
in a leafy area, will tell you, trees can also cause<br />
no end of bother. <strong>The</strong>y can block views, damage<br />
fences and interfere with power lines. Wayward<br />
roots can disrupt pipes, branches can reduce<br />
sunlight, leaves can block gutters and windfall<br />
fruit can attract rodents.<br />
“When looking at a property, it’s wise to consider<br />
the possible impact of your potential neighbour’s<br />
trees before making an offer. <strong>The</strong> people who<br />
planted them may not have carefully thought<br />
through their placement and how big they might<br />
grow, which is even more reason for you to think<br />
about what may happen in the future,” Lampen-<br />
Smith says.<br />
“If the trees on a property you’re considering<br />
and those next door are large and well-established,<br />
there’s a good chance that their roots may cause<br />
problems as well as their branches. Tree roots<br />
are out of sight, out of mind until they start to<br />
snake their way into retaining walls, foundations<br />
or drains (at which point they become difficult<br />
to ignore and expensive to re-route),” Lampen-<br />
Smith says.<br />
If you own a property, you can do whatever<br />
you like to your trees, within the bounds of the<br />
law that says you have the right to the ordinary<br />
use and enjoyment of your land. This is subject<br />
to any protection that may apply to your tree. If<br />
it’s protected (for example, because it is historic,<br />
considered to be significant or needed to prevent<br />
erosion), you may need to get resource consent<br />
before doing anything to it. “Remember, you can’t<br />
unreasonably interfere with your neighbours’ use<br />
and enjoyment of their land, which means that<br />
you can’t let your trees become a problem at their<br />
place (and vice versa).” Lampen-Smith says.<br />
If the branches from the property next door<br />
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overhang one you have recently purchased, take<br />
a moment to think before you start swinging your<br />
chainsaw at the branches crossing your boundary<br />
line. You’re likely to be living close to these people<br />
for some time – do you really want to start out<br />
on a negative footing? “How would you feel if<br />
someone moved in next door to you and started<br />
hacking away at your trees without consulting you<br />
first? It would be wise to give your neighbours<br />
time to warm to you before tackling their trees,”<br />
says Lampen-Smith.<br />
Legally, you are entitled to trim any branches<br />
or roots from a tree (or large shrub, or plant)<br />
that encroach on your property unless they are<br />
protected, in which case you may need resource<br />
consent first. However, for the sake of being a<br />
decent neighbour, it would be a good idea to<br />
talk to the tree’s owners first. Don’t be tempted<br />
to take matters into your own hands and poison<br />
the tree, or trespass onto their property to chop<br />
parts of it off. One way to resolve the situation is to<br />
seek advice from a professional arborist. Getting<br />
an expert to prune the tree in a way that doesn’t<br />
destroy it completely will be far cheaper than<br />
hiring a lawyer.<br />
In a scenario where a neighbour’s trees aren’t<br />
overhanging your property but present a risk to<br />
it (such as toppling over in high winds) and you<br />
can’t sort it out with a quick chat over the fence or<br />
with an arborist’s help, it may be time to seek help<br />
from the Disputes Tribunal or the District Court.<br />
If the trees are causing a nuisance – blocking<br />
views and/or light – and you’re unable to agree<br />
with the neighbour, you can apply to the District<br />
Court for an order to get the neighbour to trim or<br />
remove the tree.<br />
When weighing up landscaping options on your<br />
property, it’s always useful to remember the adage:<br />
mighty oaks from little acorns grow.<br />
For independent guidance and information<br />
on buying or selling, check out settled.govt.nz.<br />
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Call Oamaru’s No. 1 Team For Listing & Selling - Ph (03) 434 9014<br />
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