Semple v Wilson

The plaintiffs, Glen Semple and Heather Semple, sought relief from the High Court of New Zealand in Auckland Registry, against the defendants, Bruce Gavin Wilson and Amanda Jane Wilson, over the impact of trees growing on the Wilsons' property on the Semples' adjacent property. The Semples claimed that branches and roots from trees growing on the Wilsons' property constituted an actionable nuisance as they were the cause of physical damage to their property, they interfered with their use of their land and they were the cause of a significant loss of enjoyment of their land. The Semples sought a declaration that the trees be removed by the Wilsons at the Wilsons' expense; special damages; general damages and an inquiry by the Court into the full extent of the damage to their property following destructive testing. The Wilsons admitted some encroachment by some branches and by some tree roots, but said this did not constitute an actionable nuisance. The Court found that the interferences to the living area, separately and in combination, were unacceptable and constituted an actionable nuisance. The Court found that the Semples were entitled to a remedy that remediated that encroachment. The Court ordered the Wilsons to cut back to the boundary and to keep cut back to the boundary, the branches of trees 1 to 11 inclusive, at their expense. The Court also found that the Semples were entitled to an order that the root which had contributed to the damage to slab 1 be removed. The Wilsons were also ordered to contribute one-third of the cost of removing and replacing slab 1, one-third of the cost of the removal of the tree root under slab 1 and the installation of a root barrier beside slab 1. The Semples were awarded $21,462.00 in damages.