Overhanging Trees, Boundary Issues, and Ownership of Fruit: What you Need to know

In New Zealand, trees planted close to property boundaries can lead to disputes, especially when branches overhang or roots encroach into a neighbouring property. Understanding the law governing these situations can help property owners resolve issues amicably and avoid unnecessary conflicts.

OWNERSHIP OF OVERHANGING BRANCHES AND FRUIT

Legally, the branches, leaves, and fruit of a tree are considered the property of the tree’s owner, even if they extend over a boundary into a neighbour’s property. This means that while you can trim branches and roots that cross into your property, you must offer any trimmings, including fruit, back to the tree’s owner, as they still hold ownership rights. If the owner does not want the trimmings or fruit, you are then free to dispose of them.

RIGHTS TO TRIM OVERHANGING BRANCHES AND ROOTS

As a neighbour, you have the right to remove any branches or roots that cross into your property, as long as the trimming is done at the boundary line. However, it’s important to do so carefully, as improper trimming that damages or destabilises the tree could lead to liability issues. If the tree owner suffers loss due to damage to the tree or if the tree subsequently falls, you may be liable for repair costs or damage.

RESPONSIBILITIES OF TREE OWNERS

Tree owners are generally responsible for ensuring their trees do not cause a nuisance or damage to neighbouring properties. If branches or roots from a tree extend over the boundary and cause damage—such as interfering with structures, causing excessive leaf litter, or affecting underground pipes—the owner may be responsible for addressing the issue or compensating the neighbour for damages.

RESOLVING TREE BOUNDARY ISSUES AMICABLY

The best approach to tree boundary issues is open communication between neighbours. A polite discussion may resolve the issue without the need for legal intervention. However, if a solution cannot be reached, a formal notice requesting that the tree owner trim the overhanging branches or roots may be issued. In certain cases, mediation or assistance from a local council may help in resolving the dispute.

LEGAL RECOURSE FOR PERSISTENT ISSUES

If the overhanging trees are causing significant nuisance or damage, you may be able to seek legal redress. In New Zealand, disputes involving trees can sometimes be brought before the Disputes Tribunal or District Court, depending on the complexity and financial extent of the damage. Legal advice should be sought to determine the best course of action, as each case may involve unique considerations under the Property Law Act.

CONCLUSION

If you are facing issues related to overhanging trees or other boundary concerns, we can provide guidance on your rights and responsibilities under New Zealand law. Please reach out for assistance in resolving any disputes amicably and within the law.

This article is intended as a general overview and discussion of the subject dealt with and does not create a lawyer-client relationship. It is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. We will accept no responsibility for any actions taken or not taken on the basis of this article.

Copyright Blackwood Montagna Ltd and/or Law 2 Web Ltd

more insights

A young couple discussing paperwork with a real estate agent indoors.

Conveyancing Lawyers – What do they do?

A conveyancing lawyer in New Zealand specialises in the legal aspects of buying and selling property. They guide you through the entire process, from initial due diligence and contract review through to settlement, ensuring your interests are protected and the transaction proceeds smoothly. Whether you are purchasing your first home, a commercial building, or a

Read more >
Man carrying a box of belongings, exiting office after job termination.

Understanding Unjustified Dismissal

Unjustified dismissal (often referred to as unfair dismissal) claims are the most common type of personal grievances lodged in New Zealand. Employees in New Zealand have the right to raise a personal grievance if they believe their dismissal was unfair or without proper cause. What Constitutes an Unjustified Dismissal? An unjustified dismissal occurs when an

Read more >
Young couple discussing with a real estate agent in a modern indoor setting.

Why ‘pre-nups’ are a sign of love, not distrust

For many couples, discussing what would happen to their property if they separated is hardly romantic. When a relationship is going well, planning for its possible end can feel unnecessary, pessimistic, or even a sign that one partner does not expect the relationship to last. But a contracting-out agreement — sometimes referred to as a

Read more >
Scroll to Top

As we close for the festive season...

We wish you safety, joy, and special moments with your loved ones.

Our office will be closing at midday on the 23rd of December and reopen at 9am on the 12th of January 2026.

From the 12th of January 2026, we welcome you to our new office at:

7 Paerata Road,
Pukekohe.