今儿早晨收到了邻居的邮件，有关我家后院一排大树的问题！

爺满臉緈諨

邮件如下：
Can I get your help to get the rear line of trees trimmed or removed.
My property at 106 Ti Rakau Drive joins your property at the rear.

Reasons are;
Too tall, overhanging onto my side, especially the garage, causing garage and guttering to rust.
The AC main sewer line runs underneath, causing blockages.  These blockages has cost me money in sewer blockages, damage to carpet, insurance claims.  The costs in insurance increases, excess are not inconsiderable.
Now I would want action.

Please advise as to what needs to be done.



是个阿三，貌似来者不善已经做了research。
像这种情况我该怎么办？！房子买来两年，各种花钱...租金基本都花掉了

purpleapple

一排大树？貌似自己不能剪的话，得上千。。

NewLynnHse

LZ的房子是65号？

爺满臉緈諨

NewLynnHse 发表于 2014-10-23 09:39
LZ的房子是65号？

对，难道是邻居？

NewLynnHse

爺满臉緈諨 发表于 2014-10-23 09:40
对，难道是邻居？

哈哈，不是啦，看地图的

爺满臉緈諨

NewLynnHse 发表于 2014-10-23 09:41
哈哈，不是啦，看地图的

这个让我着实郁闷了

purpleapple

NewLynnHse 发表于 2014-10-23 09:41
哈哈，不是啦，看地图的

房屋信息系统查一下，楼主的名字都知道了

NewLynnHse

那一排大树，悲剧啊，说句实话，是我也会不爽。

xpd2000

剪吧

不过过几年房价大涨都回来了

爺满臉緈諨

purpleapple 发表于 2014-10-23 09:43
房屋信息系统查一下，楼主的名字都知道了

这么叼？都是中介的朋友吗？

爺满臉緈諨

NewLynnHse 发表于 2014-10-23 09:45
那一排大树，悲剧啊，说句实话，是我也会不爽。

明白，可这树买过来就这样，而且fence很低，如果砍光了
我家邻居天天可以看电影了，看我房子里的live show

爺满臉緈諨

xpd2000 发表于 2014-10-23 09:45
剪吧

不过过几年房价大涨都回来了

看看大家还有没有什么更好的方法？

阿海

叫他出钱把树砍了。如果需要建新fence，你出一部分钱呗。

反正是投资房，不需要管隐私管邻居看不看你租客做什么啊。

小猫

除了太高造成对方车库生锈, 好象对方也说你的树根导致堵塞. 估计不是单单修剪就能解决问题.

将心比心,要你是他,你是否也会据理力争呢?

爺满臉緈諨

小猫 发表于 2014-10-23 09:54
除了太高造成对方车库生锈, 好象对方也说你的树根导致堵塞. 估计不是单单修剪就能解决问题.

将心比心,要 ...

我跟阿三比心，必定是要拿刀子插自己的心

Paper_Man

在律师版看了完整版的，既然之前的屋主不鸟他你鸟他做啥。

truett

你可以很合善的答应,但一直不弄,他一问,就很痛心的告他,.一开始就拖在找,再找,就说找到等价钱, 再来就说.给不起.囊中羞涩. 拖到崩溃,真是如他说的那么有问题就急的让他自己弄了.

爺满臉緈諨

Paper_Man 发表于 2014-10-23 10:05
在律师版看了完整版的，既然之前的屋主不鸟他你鸟他做啥。

之前那个房东就是我..我回国了所以就没有鸟他

爺满臉緈諨

truett 发表于 2014-10-23 10:17
你可以很合善的答应,但一直不弄,他一问,就很痛心的告他,.一开始就拖在找,再找,就说找到等价钱, 再来就说.给 ...

这个方法听说过，如果他去民事仲裁起诉我呢！

bubugu

這是 City Council 回覆邻居的树伸到fence 外的树枝問題

If neighbour's trees overhang a boundary, appear dangerous, or block sunlight, or if their roots cause problems with drains, the matter is to be sorted out between the neighbours. Branches or roots crossing a boundary can generally be removed, provided that the work does not kill the tree or require a resource consent. The law indicates that these branches should be returned to the owner of the tree. However, if a decision is reached between the neighbours to either remove or prune a tree, then a resource consent may be required from Council.

According to the Property Law Amendment Act 1975 property owners are responsible for any nuisance or damage their trees cause to neighbours, even if the trees were planted before they bought the property. Council does not get involved in neighbourhood disputes about trees. If the matter cannot be resolved amicably, legal advice may be required. A Citizens Advice Bureau can give further advice on this 0800 367 222.

For emergency situations requiring the urgent removal of a private tree (ie where it is about to fall on a house, has just fallen or split or may cause
injury) it may be possible to have it removed by a professional arborist without prior consent if the customer has written advice from a professional arborist that the tree requires urgent removal and has documented evidence to back up this written advice (such as photographs of the situation showing the urgency and associated state of the tree). Onus of proof will lie with the arborist or tree owner to substantiate the tree was immediately hazardous and that there was no time to apply for a consent for removal. Arborists can be found in the Yellow Pages under 'Tree Services' and many offer after hours service.

If the neighbour is not available to sort the situation out themselves, you should take the advice of a professional arborist (which can be found in the Yellow Pages under 'Tree Services') who will be able to advise whether the tree poses a threat.

I hope this information of help for you.

Please don't hesitate to contact us again, if we can be of any further assistance.

Kind regards
Sheryll Giles
Customer Services Representative

NewLynnHse

bubugu 发表于 2014-10-23 10:35
這是 City Council 回覆邻居的树伸到fence 外的树枝問題

If neighbour's trees overhang a boundary, ap ...

看来你是一直在潜水

kingscat

我之前遇到，也是fence 树太高挡住他阳光，问了council 真计较的话是我责任，乖乖砍了

oplwy

我邻居没有这些要求。但是我都把树锯矮下来了。 自己手锯的省钱！

bubugu

Your Legal Rights: Trees, Fences and Your Neighbours

Disputes over trees and fences are a common cause of bad feeling between neighbours- trees that block your sun, roots that choke your drains, fences that your neighbours want built or replaced- often at considerable expense. Your differences can usually be settles with a combination of tact and compromise, but if you are forced into a standoff, legal action may be your only way out. That could cost you anywhere from hundreds to thousands of dollars and will most likely destroy neighbourly goodwill.

TREES
The Property Law Amendment Act 1975 says property owners are responsible for any nuisance or damage their trees cause to neighbours, even if the trees were planted before they brought the property. But decide first whether the nuisance is worth the risk of souring relationships with your neighbour. You need to decide too whether that problem outweighs the benefits the trees give you both- such as beauty, privacy, shelter, shade. Try to work out a solution tactfully. Give neighbours time to think about what you are suggesting. They may be quite happy to help you with any work caused by their trees if it means saving them. It’s better to talk over the fence than in a court. If you reach an impasse, you may need to take legal action. If you do, tell your neighbour- how would you feel if you received a court order in the name of your neighbour without warning? Your neighbour may cooperate if there is a legal obligation to do so. If you go ahead with legal action, ask your lawyer to organise a court order. The District Court will then send a notice to your neighbour ordering action to be taken within a set time - or appear in court.

ROOTS

A willow tree's roots on a neighbour's property continually block your drains. Twice in 18 months you have to get a plumber to clear them. He warns you that this will be a regular exercise - and expense - unless the cause of the problem is removed. Even worse, it could eventually cost you new drains. You approach your neighbour about having the tree removed. He indignantly points out that the tree was well established on his property long before you brought the one next door, and he has no intention of removing his tree for you or your drains. Have you any comeback?

DEFINITELY! The law does not accept that a tree planted 30 years ago cannot be "a nuisance" today. If all the facts in this situation were presented in court, the neighbour would probably be ordered to remove the tree.

Some roots of your neighbour's macrocarpa tree start pushing up your carefully manicured lawn. You ask your neighbour to do something about it but she says there is nothing she can do. You then ask to have the tree removed. She is not prepared to do that. You decide to solve the problem by poisoning the roots on your side of the fence. Unfortunately the posion kills the tree and your neighbour threatens to take you to court for damaging her property. Can she do this?

YES. You should have dug up and cut off the roots, or taken court action, rather than use the poison that would lead to the death of the tree. You are allowed to remove any part of a neighbour's property that intrudes into yours. But your right to take action stops at the boundary line between your property and your neighbour's. Using the poison that would have an effect beyond your side of the boundary is illegal.

LEAVES

A neighbour's oak tree continually drops leaves in the guttering of your house, forcing you to climb a ladder every few weeks to get the leaves out. Do you have to suffer this inconvenience?

If the branches causing the problem are growing over your side of the fence, you are allowed to prune them back to the fence. If not, you can ask your neighbour to cut back the trees or remove them. If the neighbour disagrees, you could get a court order to solve the problem.

BRANCHES

You buy a section. There is a large chestnut tree growing on the next-door property, with branches growing over onto your side of the boundary fence. The law allows you to cutt off branches on your side, but they are long and thick making it a major operation. Is your neighbour obliged to do the work or pay for it to be done?

NO. Provided the branches are causing no real nuisance, they are your responsibility if they are growing on your side of the fence.

You remove large a branch from a neighbour's plum tree that is growing over your property. This is quite legal, but unfortunately the result of this "amputation" is that your neighbour's tree dies. Can your neighbour demand compensation?

NO. You were within your rights when you cut off the branch on your side of the boundary. It could be argued that any resulting damage to the tree was the neighbour's fault because he did not prune the branch when it was young and the life of the tree was less likely to be affected.

SUNLIGHT

Trees on a neighbour's property are blocking sunlight from your house and garden. Is this a good enough reason to insist they be cut back?

YES. If neighbourly sweet reason fails, then you can take legal action. You will have to convince a court that the trees are having an adverse effect on your property and your enjoyment of it. If the court agrees, the neighbour will have to cut those trees back.

VIEWS

When you bought your home 10 years ago you had a great view from your lounge window. But now a line of trees has grown high enough to block your view completely. the trees are not on your immdeiate neighbour's property but on a property further down the street. Can you do anything about having them cut back?

You would have to approach your local city or borough council with your complaint. If the council has a bylaw or a provisioning it's district scheme, it may accept your arguement and order the trees to be cut back. If not you could take the case to court, but this would be costly and you may not win.

LEAVES A large conifer growing on the other side of your back fence is obviously dying. You are concerned that at any time the tree, or part of it, could fall on your house. You ask your neighbour to do something about it. He tells you to mind your own business, as the tree is doing no harm and in his opinion is unlikely to fall down on you or your house. But you are not convinced. Can you have the tree chopped down? Ask your lawyer to apply for a court order to have the tree removed. If the court agrees that the tree is likely to damage your house, the neighbour will have no choice but to cut it down

bubugu

NewLynnHse 发表于 2014-10-23 10:41
看来你是一直在潜水

Lama tak jumpa!

truett

爺满臉緈諨 发表于 2014-10-23 10:33
这个方法听说过，如果他去民事仲裁起诉我呢！

吃饱了撑的吧他,年初我后院有棵树,长到后院家里,结果那家人没来找我,他的邻居到来找我,说影响他割草,我说我同意他去砍,砍完垃圾丢回我院里.他说让我砍,我说那我看看有没合适的.开始1个月很积极来找我,我也很积极回应. 过了2个月,再不来找我,自己找人砍了,垃圾丢我院里,然后我自己清理掉了..

他能告什么,而且最最最什么无非你最后找人砍

NewLynnHse

bubugu 发表于 2014-10-23 10:48
Lama tak jumpa!

OMG！！你。。。竟然会说。。。

逗逗

看了那些出主意不理邻居或者建议拖下去的回复，我真觉得摊上你们这些邻居算是倒了霉了，自己家的树影响到了邻居难道自己就不管了吗？就为了省点钱？会不会太自私了点啊。

nasi_chilli

NewLynnHse 发表于 2014-10-23 10:53
OMG！！你。。。竟然会说。。。

banyak orang penyelaman di forum ini haha

songinator

nasi_chilli 发表于 2014-10-23 11:12
banyak orang penyelaman di forum ini haha

你在论坛潜水 呵呵