Love thy neighbour (But trim thy hedge): How to handle disputes without losing your cool

Spring is well underway, and the days are getting longer. With Labour Day around the corner, homeowners will be out landscaping, trimming hedges, and sprucing up their yards for summer barbecues.

Unfortunately, that’s also when neighbourhood tensions tend to sprout, along with the weeds. Whether it’s a tree creeping over the fence, roots cracking the driveway, or a fence that’s seen better days, small issues can quickly grow into full-blown disputes if they’re not handled early (and calmly).

Start with a conversation. Not a complaint

Before calling your lawyer or local council, remember that most neighbour issues start with a simple misunderstanding. A quick chat across the fence, ideally without a hedge trimmer in hand, can go a long way.

If that feels awkward, follow up in writing, politely and clearly, so your neighbour knows what the issue is and what outcome you’d like. The Fencing Act 1978 actually encourages this approach, setting out a clear notice and consent process before taking any formal action.

If the discussion gets heated, community mediation services such as FairWay Resolution offer confidential, low-cost sessions that can help both sides find common ground. They’re quicker, cheaper, and friendlier than court, and if things do escalate later, it shows you’ve acted reasonably and in good faith.

Do It Yourself (Carefully)

As Kiwis, we generally don’t like to make a fuss and prefer a bit of DIY.

If a neighbour’s tree branch or roots cross your boundary and it’s not causing damage or safety issues, you can usually trim it back, but only up to the boundary line.

Make sure you don’t trespass onto your neighbour’s land or damage the tree itself. It’s also polite (and smart) to give them a heads-up before you start. And legally, those branches or clippings still belong to your neighbour, so offering to return them is a small gesture that can prevent an argument.

Some trees are protected under council district plans because they’re considered notable or help prevent erosion. Always check with your local council before you chop, prune, or trim.

When safety’s a concern

If the tree is beyond a weekend DIY job, say it’s damaging your foundations, drains or gutters, or poses a real safety risk, you can apply to the District Court for an order under section 333 of the Property Law Act 2007 to have it trimmed or removed.

But even then, start with a conversation. Courts expect neighbours to act reasonably, to give and take, live and let live.

When to bring in your lawyer

Not every dispute can be solved over the fence. When safety, significant damage, or property rights are involved, or when all goodwill has run out, getting legal advice early can save you time and money.

At Wilson McKay, we’ll usually help you understand what you can do yourself before getting us fully involved. Sometimes the best legal advice is how not to need us.

If matters do reach the court, judges generally look for three things:

·       Reasonableness: Did the claimant act fairly and try to compromise first?

·       Proof: Is there clear evidence of substantial interference or damage?

·       Proportionality: Is the remedy being sought practical and not excessive?

Only substantial and unreasonable interference will justify a legal remedy, and we can help you build a case that stands up to that test.

Keep It proportionate

Neighbour disputes don’t just test fences; they test patience. Fortunately, New Zealand courts consistently favour reasonable, proven, and proportionate remedies over drastic or costly ones. Here are a few examples.

• The cliff case: After earthquakes left cliffs unstable, a homeowner demanded that the Crown undertake major earthworks costing over $1.6 million. The Supreme Court agreed there was a nuisance, but said the Crown’s duty was “measured,” meaning it only needed to take reasonable, practical steps, not rebuild the hillside. Even when harm is proven, the remedy must make sense in terms of cost and context.

• The root and branch case

  A homeowner successfully claimed damages after tree roots and overhanging branches from a neighbour’s property caused damage to their gutters, driveway, and swimming pool. The court awarded over $10,000 for repairs and another $10,000 for inconvenience, plus costs of $23,000. The tree owner was ordered to install a root barrier and keep branches trimmed to the boundary. However, the court refused to award damages for leaves that simply blew over the fence, noting that ordinary leaf-fall is part of everyday life and not legally actionable.

• The glare case: Reflected sunlight from a glass veranda was dazzling staff in a neighbouring building. The court found a nuisance existed, but instead of ordering the veranda’s removal, it required blinds to be installed. Simple, proportionate, effective.

• The Wi-Fi and bees case: A neighbour claimed trees blocked their view, Wi-Fi, and bees. The court found the interference wasn’t substantial or unreasonable and declined to order removal. The defendant’s willingness to trim and maintain the trees helped. Claimants must show real harm, and courts value genuine efforts to resolve issues informally.

At Wilson McKay, we ensure any remedy we seek on your behalf is both lawful and proportionate, practical solutions first, legal escalation only when necessary.

A few practical tips

• Talk first. It’s amazing what a calm conversation can solve.

• Stay calm and factual. Avoid emotional or accusatory language, especially in writing.

• Keep records. Photos, notes, and correspondence can help if things escalate.

• Know your rights. The Fencing Act 1978 and Property Law Act 2007 outline most neighbour responsibilities.

• Seek advice early. A short consultation can clarify your position before matters snowball.

Good communication makes better neighbours. Before calling your lawyer, try calling your neighbour. You might save yourself a summer of awkward silences over the fence.

And if you’re unsure where you stand, legally or literally, Wilson McKay’s Property & Commercial Team can help you find a practical path forward.

Disclaimer

This publication reflects the personal views of the author about the subject matters discussed, and is based upon sources reasonably believed to be reliable and accurate. The views of the author do not necessarily reflect the views of Wilson McKay Barristers & Solicitors. No part of the compensation of the author was, is, or will be, directly or indirectly, related to any specific recommendations or views expressed. The information in this publication is solely for information purposes and is not intended to be legal advice. Readers should not act on the information without consulting qualified legal professionals to consider the specific circumstances.