Im having issues with the Auckland Council over trees they have planted right on the boundary years ago. They have grown quite large and the roots are coming through the fence by growing in the mulch that is up to the bottom railing which is also rotting the palings. They have said not their problem and for me to maintain my place myself. Trying to find council info on rules etc for tree planting on boundary but cant come up with any info. They say I can cut the roots by following theirs guidelines in the Unitary Plan but cant find this info . Can someone give me pointers so I have some info to go back to council to get them to do their own maintenance and stop using damage to my property. Thanks
sunnysue1,
Mar 3, 11:20am
My suggestion would be to get in touch with your local councillor and put them to work on it. That is what they are paid to do.
harm_less,
Mar 3, 11:32am
What type of trees are these? Root pruning may not be a successful strategy on some varieties.
oh_hunnihunni,
Mar 3, 12:37pm
We had a pine tree that had been planted by some idiot on the neighbours grass verge, where the roots were raising and cracking path and driveway on our side. It took months of hassling to get the council to deal with the tree so we could redo the drive, and afterwards they tried to make us come up with $600 to 'replace the planting', lol.
Needless to say, we told them to get knotted. Nicely, of course.
pisces47,
Mar 3, 12:48pm
. Thanks , that may get a result. Head arborist says not their policy to remove trees but I can do my own maintenance and then fix fence and then claim on councils insurance unit. Why should I do their work for them.
androth2,
Mar 3, 1:06pm
I have three 10 metre trees on the council verge .The council wont do anything about the roots ruining my footpath .As they are severely trimmed in the centre to clear the 3300 volt power line I am hoping they may fall over soon in the wind
If the roots are on your side then you could help it along and plead ignorance
shanreagh,
Mar 3, 2:01pm
Are you sure the trees are on the boundary? I would have thought the fence would have been on the boundary and the trees on the ACC side of the section. If this is the case you have a right to prune overhanging branches back to the boundary and to place the prunings over on their side of the fence.
Why are you not doing this? If you say 'oh but it is not my job' then you will be going round in circles. Then if the trees are cut back then you can address the fence. If the fence is not on the boundary then not sure how you will get the ACC to pay for something.
What type of trees are they? Is pruning them easy to do?
At the very least you can remove the mulch from along the fence. This will help the fence survive. Presumably this is on their side of the fence. Might be good to put on your garden?
I think your first step is to determine where the boundary is, the fence and the trees can't both be on the boundary.
pisces47,
Mar 3, 2:02pm
. Interesting, but that is for the Berm. My property backs onto a reserve and the trees are that close they are resting on the fence rails pushing the fence slightly but the main problem is the roots growing through the mulch that is 300mm deep, rotting and damaging the fence.
pisces47,
Mar 3, 2:11pm
. To be exact; the fence is on the boundary, as are the neighbours on each side. The trees were planted after the fence was built and would be 300 to 400mm away when planted, now that gap is taken up by the trees growth, pushing on the fence. This is close enough in this issue to say they are on the boundary. I do trim and throw branches over fence. Next I will get a ladder and pole saw and go higher up and then I would be able to trim nearly half the branches off.
sumstyle,
Mar 3, 6:31pm
Could you use the Property Law Act? My employer has big sections of land, and every now and then we have neighbours who suggest that trees on our property (hills) should be trimmed to improve their view. When our work solicitor has looked into it, the opinion has been that because the tree/s are not immediately on the boundary, don't block their light, aren't dangerous to the neighbour's property that my employer can't be forced to do anything.
So pisces47 is in a better position - the trees Are on the immediate boundary, they are about to damage common property (the shared fence), they probably do block light, and if P47 has a garden, it's possible that it doesn't thrive because of the big trees taking all the nutrients out of the soil, blocking sunlight etc.
oh_hunnihunni,
Mar 3, 7:11pm
We have a council reserve out back. It is heaven. But another neighbouring property has bamboo which has advanced onto the reserve, destroying council native plantings and posing a real threat to more. So a couple of us took our loppers out there and dealt to the stuff, and now the council contractors can get to the regrowth. No one has growled at us for taking action, quite the reverse. The reserve is a treasure for us, we care about it, and acted accordingly. Maybe you need to take your loppers and deal to those problem trees.
sumstyle,
Mar 3, 7:20pm
Except that loppers won't cut the mustard - in post 11, P47 says that the trees were initially 30-40cm from the fence, and now they touch it. To me, that suggests that the diameter of the trunk could be 60-80cm thick? I bet P47 Wishes that it was bamboo!
oh_hunnihunni,
Mar 3, 8:36pm
Well, there's always that lawyers letter.
Might be cheaper than moving the fence.
Btw, don't want to blow my own muscular trumpet but some of those bamboos were thick as bro!
sumstyle,
Mar 3, 9:00pm
**soothing tone** Of Course they were, bamboo is as valiant as toi toi in the fight to stay right where it is.
blueviking,
Mar 4, 6:47am
Go over and ring bark them.
oh_hunnihunni,
Mar 4, 8:45am
Bloody things keep popping up too.
shanreagh,
Mar 4, 8:53am
Surely you mean pampas grass, which is the scourge and not toi toi which is the NZ native?
amasser,
Mar 4, 10:37am
A fencing notice, putting almost all of the cost on the Council, might get some action.
blueviking,
Mar 4, 7:26pm
Place next to my boss,s had 10 big poplar trees. because they are going to develop it, they cut the trees down and mulched the whole lot without killing off the roots. A yr later, there are over 1000 new trees grown, my boss now has over 100 on her property, all through the root growth.City council was advised by arborist's as to what trees to plant and what do arborist's do?Cut down trees and hedges, win ,win for them.
pisces47,
Aug 13, 9:03am
Came across the Property Law Act 2007. This pretty much covers all my issues and it puts the onus on the property owner to rectify. So now to contact my Councillor and give her the information and see what her answer and advice is. Thanks for all your comments
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