OVERHANGING TREES.

Evening Post, Volume LXXV, Issue 32, 7 February 1908, Page 3

OVERHANGING TREES.

AN IMPORTANT LEGAL POINT. (BT TELEGIiArH. — PKES.I ASSOCIATION.] AUCKLAND, 6th February. A case involving ar interesting point to those who ha*i c trees overhanging their neighbours' boundaries was heaid before Mr. Dyer, S.M., Frederic Hamilton Forde s,uing Anna, Dean Pitt for 8s in respect ti> certain alleged damage done by defendant's overhanging trees to plaintiff's property. Mr. Brookfield, in opening the cas3 for plaintiff, explained to his Worship that although the amount sued for was only Bs, in reality the interests involved were very impoitaut, not only to tho plaintiff, but to many other persons. Tho parties were neighbours living at' St. Helier's Bay, and some of the^ branches of a large tiee belonging to tho defendant overhung the plaintiff's property, and it was. alleged the leaves therefrom fell upon a washhouse and choked up the apoutinsr, &o that it 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 disputed 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 leaves therefrom were blown on^to the adjoining land this was brought about by natural causes over which the owner of the trees could have no control. He quoted several cases in support of his contention. Mr. Brookfield, in reply, pointed out that our own statutee recogni3ed that one neighbour could riot overshadow adjoining owners' property with trees, for the Fencing Act provided for the conviction and punishment of persons who planted trees on a boundary without permission of the adjoining owner. After hearing argument Mr. Dyer said th^ matter was a vpry important one, and as a decision in favour of defendant might give rise to litigation between neighbours, he would consider the cases quoted, and in the meantime would reserve his decision.