Tree disputes with neighbours I have recently been contacted by growers who are suffering from the effects of a neighbour’s large trees overhanging the boundary of their farm. The following information may help other growers in similar circumstances. The government has made legislation – Neighbourhood Disputes (Dividing Fences and Trees) Act – to deal with tree disputes. Unfortunately, those statutory laws do not apply to trees on rural land, so the Act does not generally help growers. That doesn’t mean the grower does not have rights. We just have to look to general principles and the common law to see what those rights are. Generally, it is fair to say that the owner of the tree is responsible for any interference, loss or damage caused by that tree interfering with or encroaching on adjoining land. The following are the general legal rights if you are affected by a rural neighbour’s tree: LEGAL RIGHTS •
If a neighbour’s tree overhangs the boundary you can help yourself and exercise your common law right of abatement (subject to any specific vegetation protection or heritage orders on the tree). This abatement rule of law allows you to: a. Cut and remove the overhanging branches and roots to the boundary line. b. Either return the removed material back over the boundary to the neighbour’s property or otherwise dispose of the material.
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By Chris Cooper, CANEGROWERS Legal Advisor
If the overhanging branches and/or roots from your neighbour’s tree unreasonably interferes with your use and enjoyment of your land (for example, if the branches interfere with the use of the headland or with harvesting and/or farming activity) then you may have a right to take general court action to seek orders for removal of the interference and also claim compensation for any loss or damage.
Exercising legal rights through a court or formal dispute resolution process can be expensive, time consuming, stressful, damaging to ongoing good neighbourly relations and without any guarantee of a successful outcome. Before exercising legal rights it is usually best to try to resolve the dispute by other options.
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