9 May 2018
SEMPLE v WILSON [2018] NZHC 992
- Citation
- [2018] NZAR 1025
- Court
- High Court
The Court found that (a) overhanging branches in the canopy materially contributed to gutter blockage, water ingress and timber rot and therefore constituted an actionable nuisance; (b) shading and pool leaf ingress also interfered with use and enjoyment and aided the finding of unreasonable interference; (c) roots were not shown to have caused material damage except insofar as a specific root contributed to damage to slab 1 of the driveway; (d) removal of all trees was unnecessary; appropriate remedies are mandatory trimming to the boundary and periodic maintenance at defendants' cost, defen…