Neighbour wants us to thin out our tree, should we pay?

Forums › Home Workshop DIY › Neighbour wants us to thin out our tree, should we pay?

surfisup1000

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#273250 12-Aug-2020 16:02

When we bought our house, there was a long row of mature pines along one boundary. We removed them all and planted a single pohutukawa which is entirely on our section. It is a nice tree, provides privacy from the neighbours across the road.

A few years later the house next door sold, and new people moved in. These new neighbours say our pohutukawa shade's their house in the morning and we should thin out the tree. They 'even' offered to pay half. It only shades the front corner of their house, but they are constructing a new deck in that area.

But we don't want to do this as the tree was there before them, and they are fortunate that there are fewer trees than previously.

Is it reasonable to ask them to pay the entire cost? After all, the tree was there before them, and is entirely on our section. We don't even really want it thinned out due to the privacy it affords.

That's my argument anyway, but, I'm biased I suppose. What do others think?

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#2539503 12-Aug-2020 16:09

Legally it depends on the title for your property and the district/town plan. One of my properties has a rule no trees within 20m of the boundary (example to show “it’s entirely on my land” doesn’t mean anything). If the branches overhang the boundary, they can most likely get the tree trimmed.

put yourself in their shoes. Why not be a good neighbour and negotiate an outcome for mutual benefit?

daveymg

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#2539506 12-Aug-2020 16:10

Some info here on the legalities of trees on boundary

https://communitylaw.org.nz/community-law-manual/chapter-26-neighbourhood-life/trees/

tehgerbil

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#2539523 12-Aug-2020 16:40

If they want it gone, they should pay. Why the hell should you be financially out of pocket for 100% their problem.

The 'good' neighbour part would be coming to the party and letting the arborist on to your property in the first place.

I honestly think offering to pay half is cheeky.

Jase2985

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#2539531 12-Aug-2020 16:46

if its entirely on your property you dont have to do anything unless you want to. and even then they should be paying for all the work. you are just allowing them access to do the work.

ultimately it up to you what you do.

rb99

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#2539533 12-Aug-2020 16:47

They might be grateful for a bit of shade in the summer.

“The modern conservative is engaged in one of man's oldest exercises in moral philosophy; that is, the search for a superior moral justification for selfishness.” -John Kenneth Galbraith

rb99

mattwnz

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#2539540 12-Aug-2020 17:01

We were in this situation with an 80 year old tree on our prorperty. The neighbour purchased the property knowing the tree was already there, and then complained that it shaded their property. The area is a conservation zone, so trees can't just be removed or heavily pruned. The neighbors wanted to pay half. We agreed, because the tree also needed thinning out and dead branches trimming, so they also shared the cost of that, and it was taken back to the boundary. I think it is a case of working it out with the neighbour.

ratsun81

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#2539542 12-Aug-2020 17:03

my 2c

If they are willing to pay 100% then sure thing however you should get control over what the arborist does.

Perhaps asking to go onto their property to see what its like might give a bit more perspective.

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Handsomedan

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#2539546 12-Aug-2020 17:08

ratsun81:

my 2c

If they are willing to pay 100% then sure thing however you should get control over what the arborist does.

Perhaps asking to go onto their property to see what its like might give a bit more perspective.

This 100%

Nip over and see with your own eyes what they have beef with.

Then get them to pay for the whole thing as you don't want or need to trim it.

Maintain complete control of the process or you could end up with an ugly tree bereft of all of its former beauty.

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tchart

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#2539550 12-Aug-2020 17:15

Also take into account it's winter now so shadows will be longer. In summer it may not throw any shade their way. Just a thought.

mattwnz

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#2539554 12-Aug-2020 17:22

ratsun81:

my 2c

If they are willing to pay 100% then sure thing however you should get control over what the arborist does.

Perhaps asking to go onto their property to see what its like might give a bit more perspective.

Can't they then trim the canopy of tree all the way up to their side of the the boundary anyway, and they pay 100%. Although apparently they can give the branches back to the trees owner to dispose of. If they are wanting it thinning out or trim, then it will likely grow back after a year or two, so could become an ongoing cost.

Some photos may give people a better idea.

mattwnz

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#2539555 12-Aug-2020 17:24

Handsomedan:

Maintain complete control of the process or you could end up with an ugly tree bereft of all of its former beauty.

This reminds me of the situation with trees that councils often trim for powerlines, where they hack a big V in the canopy. Looks terrible,

MikeAqua

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#2539846 13-Aug-2020 08:20

When we asked some neighbour to trim trees for our benefit (to avoid Manuka leaves stuffing our roof and gutter), we paid and they had editorial control of the trimming.

Mike

surfisup1000

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#2539848 13-Aug-2020 08:23

mattwnz:

Can't they then trim the canopy of tree all the way up to their side of the the boundary anyway, and they pay 100%. Although apparently they can give the branches back to the trees owner to dispose of. If they are wanting it thinning out or trim, then it will likely grow back after a year or two, so could become an ongoing cost.

Some photos may give people a better idea.

The tree is entirely within our boundary, it does not hang over the boundary at all so they would have to come fully on our property. When the sun is low in the sky, trees can cast long shadows.

This is only an issue for maybe an hour in the early morning.

Maybe we'll just ask them which branches they want cut and we can do it ourselves. It is not a very big tree .

Thanks for the opinions.

scuwp

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#2539850 13-Aug-2020 08:25

If the tree is not overhanging then I am in the 'it's entirely your choice' camp. What I will add however is how much you want to get along with your neighbors. A mutual agreement may help in the long run, but come to a clear agreement on exactly what will be done, and who will pay. They have approached you in good faith so be kind back and see if you can come to an agreement you both can live with.

Lazy is such an ugly word, I prefer to call it selective participation

dafman

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#2540106 13-Aug-2020 12:03

We had this very issue with a pohutukawa at our last house. Entirely on our property, we loved the tree, neighbour wanted in gone as they complained about the shade.

We had the tree thinned out on a couple of occasions - it was a compromise as our preference was to leave it untouched. They paid the full costs of the arborist and kept the wood for firewood. But we retained control of what the arborist did.

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