Trees and Structures

As a landowner, you are entitled to plant and grow trees.

If your trees or their roots or branches cross your boundary, the owner of the adjoining land is entitled to cut or trim them. However, the branches, roots and any fruit from your trees remain your property.

If the roots of your neighbour's trees block the drains on your land, this is a legal nuisance. You are entitled to apply for an order to unblock the drains, or for damages.

Since 1975, for land that is zoned and used for residential purposes, the district court has been able to order the removal or trimming of any trees and the removal, repair or alteration of structures. The court considers factors such as obstruction of views, interference in enjoyment of the property and, in relation to trees, environmental and public amenity factors. Costs are usually borne by the applicant.

Page reviewed: 03 Jul 2019 10:13am