Boundary tree blocking sun

Question from Bill updated on 24th August 2012:

My daughter and her partner own a home which borders a protected stand of bush in the Manukau Heights area. The mature trees are over 60ft tall and on the northern side of the property. One of these (possibly a Totara or Fir) is now blocking all sun to the property all day for about four months of the year. It seems quite unhealthy and the place is very cold. Approximately one-third of the trunk is on my daughter’s property - with two-thirds on the reserve. Is there anything we can do?

Our expert Hamish Firth responded:

This is a perennial problem for many people and often there are no cost effective and timely solutions. I would suggest the following which may or may not lead to a solution. 1) Find out who owns the trees and meet with them and ask if they would object to a few of the trees being removed. 2) Then meet with the Council (if they are not the owner) on site and point out the issues relating to lack of sun light. Determine whether they would support the removal of a few trees to facilitate sunlight into the house. 3) If the owner and the Council will not pay ball then a costly route would be to engage a lawyer and take a case under the Property Law Amendment Act.

Hamish Firth of Mt Hobson Group manages the Resource Consent application process and provides initial pre purchase advice to investors and developers. www.mhg.co.nz

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