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dpw

dpw

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#116386 27-Apr-2013 17:20
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Hey folks,

After years of peaceful living in small town of North Canterbury we finally have a dispute with our neighbour, someone who has relocated to a tiny plot next door after EQC payout for his red zone ChCh property. Branches and leaves from our trees are blowing over to his property. He has collected them and dumped them back over our side of the fence. Is he legally entitled to do this?

I will definitely call Hurunui District Council to confirm his entitlement but I just thought I'd ask for anyone who has had previous experience. My thinking is once it's blown off our property we cannot be responsible for disposal, right? If trees planted by councils on sidewalks shed leaves onto our property can we just dump it on the roadside and expect the council to clean it up?

I'm more than happy to be proven wrong and no problem telling him about his entitlement, whatever that may be. Normally I wouldn't even worry about it and let him have it, if he wasn't being such a tw*t about it! There are ways of discussing things with one's neighbour... some of them are less-than-neighbourly. His was one of those!

Cheers,
D.




Android user, software developer, a semi-typical (not a gamer) geek, and a Bernese Mountain Dog nut!

http://savitarbernese.com | https://nz.linkedin.com/in/danywu


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Ouranos
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  #806410 27-Apr-2013 17:27
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A good place to start would be: http://www.consumer.org.nz/reports/trees-and-neighbours



sleemanj
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  #806411 27-Apr-2013 17:31
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Yes he is entitled to do that.  The foliage and branches are your property and he is correct to return them.

If your... lets say, tent blew over the fence, you would want it back right, you wouldn't say "oh well, our neighbour can dispose of it".

The same goes incidentally if you have trees overhanging over the fenceline, a neighbour is within their rights to trim such a tree at the fenceline so it no longer overhang, but all the cuttings can and should be dumped over the fence onto your property because, the tree and it's cuttings are your property.








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James Sleeman
I sell lots of stuff for electronic enthusiasts...


DarthKermit
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  #806412 27-Apr-2013 17:33
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Our neighbour's silver birch drops small branches and twigs every time it's windy. I ensure that their property is returned over the fence.




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Batwing
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  #806416 27-Apr-2013 17:41
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They would be within their rights to dump the detritus back where it came from. If they've gone and dumped it somewhere unsightly back on your property then perhaps they should be entering in to a dialogue to find a solution that suits you both. If it's just popping it quietly back over the fence then no harm done?

geek4me
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  #806417 27-Apr-2013 17:41
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The trees branches and leaves belong to you if they fall on a neighbour's property. Perhaps it's time to have a friendly chat with the neighbour rather than getting upset as he is only doing what the law says he is entitled to do. Perhaps you could do him a favour by cutting back the trees so they don't dump their leaves on his property and so maintain good neighbourly relations.

dpw

dpw

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  #806419 27-Apr-2013 17:42
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Thank you all... that makes sense... we have it sorted now. The problem stems from his hot-headed approach of wanting to just reach over with a chainsaw and cut down a bit of the tree inches from the fence, but on our side. I was a little angry and scared about that because we have dogs on the property - big tall dogs who could easily try to jump and bark at "intruders" near the height of where the chainsaw would be cutting. We had a chat about that and I made him more aware of our situation.

Neighbourly love FTW!




Android user, software developer, a semi-typical (not a gamer) geek, and a Bernese Mountain Dog nut!

http://savitarbernese.com | https://nz.linkedin.com/in/danywu


BurningBeard
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  #806813 28-Apr-2013 18:23
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I live in ChCh and had to look into it myself some time ago. I've been "returning" my neighbour's plums ever since.




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WolfmanNZ
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  #807352 29-Apr-2013 14:02
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BurningBeard: I live in ChCh and had to look into it myself some time ago. I've been "returning" my neighbour's plums ever since.


Hopefully not second hand.  Yell

Klipspringer
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  #807353 29-Apr-2013 14:03
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1st world problem ;-)

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