OVERHANGING TREES.

Otago Witness, Issue 2813, 12 February 1908, Page 35

OVERHANGING TREES.

AX INTERESTING POTNT. AUCKLAND, February 8A ca«e involving an interesting point tt those who have trees overhanging theii neighbours' boundaries was heard before ' Mr Dyer, S.M., Frederic Hamilton Ford© I suing Anna Dean Pitt for 8» in respect to certain alleged damage done by defendant's overhanging trees to plaintiff's property. Mr Brookfield, in opening the case for the plaintiff, explained to his Worship that, although the amount sued for was only Bs, I in reality the interests involved were ver^ [ important, not. only to the plaintiff, but to many other persons. The parties wera neighbours, living at St. Helier's Bay, an<X some of the branches of a large tree belonging to the defendant overhung the plaintiff's property, and it was alleged that the leaves therefrom fell upon a washhouse and choked up the spouting thereof, so that ife became necessary to take it down and clean it. The cost of doing this was Bs, which plaintiff now sought to recover. After hearing the evidence Mr Dyer said that it appeared to him that there was practically no dispute on the facts, and! asked Mr Brewer, who appeared for defendant, whether he disnuted liability in law. Mr Brewer said he did contend that there was no legal liability on the part of the defendant. He contended that the planting and growing of trees was in itself lawful, and that if the lea\os therefrom were blown on to the adionung land this was brought about by natural cau^o^. over which the owner of the trees could have no control. He quoted several ea-se.s in support of his contention. Mr Brookfield, in reply pointed out that* our own statutes recognised that one neighraour could not overshadow an adjoining owner's property with trees, for the Fenc< ing Act provided for the conviction and punishment of persons who planted tree* on a boundary without permission of ths adjoining owner. After hearing argument, Mr Dyer &aid the matter was a very important one, an<s as a decision in favour of the defendant might give rise to litigation between neigh* bours, he would consider the cases quoted, and in the meantime would reserve his decision. _.—. — '--^r«*^ i*~-- ~ -^V

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