The neighbour's trees: what you can actually do
Some self-help is legal, more requires a court order, and doing it in the wrong order gets expensive.
Branches and roots crossing the boundary
You may trim branches and roots back to the boundary line at your own cost, without consent — that's long-standing common law. But you must not enter their land or kill the tree, the cut material remains theirs, and a protected or heritage tree may not be touchable at all: check your council's district plan before firing up the chainsaw.
Blocked sun, views and falling debris
Under sections 332–338 of the Property Law Act 2007 you can apply to the District Court for an order to trim or remove a tree that unduly obstructs light or a view, damages property, or endangers health. The court balances your interference against the tree's value — natural, amenity, cultural — and the neighbour's enjoyment. It's discretionary, so evidence of concrete harm (shading measurements, gutter damage, arborist reports) decides it.
Start with the letter, not the lawyer
Courts expect you to have tried. A short written request describing the specific interference and the trim you're asking for, with a reasonable deadline, is both the neighbourly step and your best exhibit later. Many disputes end there.
Who pays
Self-help trimming: you. Court-ordered work: the court decides, and often the applicant pays unless the tree was causing actual damage. Factor that into whether the fight is worth it — sometimes paying for the trim yourself is the cheap outcome.
A property question of your own?
Boundaries, easements, cross-leases, sale and purchase conditions — ask in plain words, get an answer with the sections to prove it, plus draft letters and notices. First question free.
Ask NZ Property Law Answers →FAQ
Can I throw the cut branches back over the fence?
The material belongs to the tree's owner and offering it back is correct — but literally hurling it over is a good way to convert a tree dispute into a harassment complaint. Offer, don't launch.
My neighbour's tree shades my whole garden. Will a court order removal?
Possibly a trim, rarely removal — the more targeted your request, the more likely the order. Full removal needs strong evidence of harm outweighing the tree's value.
What's my position on my exact facts?
Describe the tree, the harm and the history to NZ Property Law Answers — you'll get the applicable sections and a draft letter to the neighbour. First question free.
General information, not legal advice for your specific situation.
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