Neighbour driving resident up the tree

A reader wrote to the Record asking what he can do about his neighbour not keeping his garden neat.

He also asked what his rights are regarding his neighbour’s trees damaging his property.

According to the Law of Neighbours where land is zoned and used for residential purposes, a District Court can make an order for a tree or structure to be removed if there is actual or potential danger to the applicant’s life, health or property; if there is undue obstruction of a view or if there is undue interference with the reasonable enjoyment of land. In each case the court is required to balance the “hardship” between the competing parties.

Generally the cost of carrying out any work is borne by the person applying for the order. Subject to these provisions, both you and your neighbours are entitled to plant and grow trees as part of your natural right of land ownership.

If tree roots or branches cross or overhang the boundary, this amounts to nuisance and they may be cut or trimmed back to the boundary (but not further than that) by the owner of the adjoining land (unless the tree is protected because of historical or environmental significance). Such branches or roots or any fruit remain the property of the tree-owner, however.

If roots of your neighbour’s trees block drains on your land, you can apply for a court order to have the drain unblocked at your neighbour’s cost or for damages.

Interestingly enough, the sawn off branches must be “dumped” back in the neighbour’s yard because it is still his property. One can also ask the neighbour to trim the branches and if he refuses then you have the right to do so.

Unfortunately there is nothing one can do to force a neighbour to keep his garden neat.