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本帖最后由 ctai010 于 2017-3-31 22:39 编辑
this is a very interesting question, the more I look into, the more interesting it gets.
Surprisingly, your neighbour is right, they can take you to court, although even if they win, most likely they need pay the full cost to remove the tree.
http://communitylaw.org.nz/commu ... e/trees-chapter-11/
You should talk to your neighbour first to see if you can work out a solution with them. If that doesn’t work, you can apply to the District Court for it to order your neighbour to trim or remove the tree.
The judge will only make the order if they’re convinced it’s fair and reasonable and it’s necessary to remove or prevent:
a risk to someone’s health, life or property
any unreasonable (“undue”) obstruction of your view
any unreasonable interference with your ability to grow trees or crops
any unreasonable interference with your use and enjoyment of your property that’s caused by fallen leaves, flowers, fruit or branches, or because the tree is interfering with light, or
any unreasonable interference with your drains or gutters caused by fallen leaves and so on, or by the tree’s roots.
Now the key question is, what is definition of "unreasonable (“undue”) obstruction of your view".
Accorrding to Property Law Act 2007, section 335:
(http://legislation.govt.nz/act/p ... 7_resel_25_a&p=1%2f)
an undue obstruction of a view that would otherwise be enjoyed from the applicant’s land, if that land may be used for residential purposes under rules in a relevant proposed or operative district plan, or from any building erected on that land and used for residential purposes
I guess the burden of proof is on your neighbor is 'proof' your tree caused undue obstruction to his view. How big is your tree btw and how far away is your neighbor's house?
Furthermore, under same section 335,
In determining whether to make an order under [size=1em]section 333, the court must— ... take into account the fact that the risk, obstruction, or interference complained of was already in existence when the applicant became the owner or occupier of the land.
So, if at the time your neighbor purchased his property, the tree is 'ALREADY' there, you should have ground to keep the tree. Do some research about what type of tree it is, see if you can find the rate of growth of the tree, then go to homes.co.nz to find out what year your neighbor bought their house.
重點用中文講一次
1法官需要決定你的樹是否不適當的擋住你鄰居的VIEW
2如果在你鄰居買房的時候 那棵樹已在那邊 他們就沒權利砍你的樹
去調查一下你的樹的品種 再調查此樹長大的速度
再去home.co.nz看你鄰居幾年買的房
看能不能證明你鄰居買房時那棵樹已在那邊
如果你贏了
去買肥料
好好施肥澆水
氣死你那鄰居
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发表于 2017-3-31 21:55:20
