If your neighbour tells you they’re concerned about the health of one of your trees, and the risk of harm it poses, you have to decide what to do. The cost of a land survey may range from about $500 to $800. (See “What you should know” above for an explanation of these concepts.) Trees planted on the boundary belong to both neighbour's equally. Unauthorized distribution, transmission or republication strictly prohibited. My neighbour wants to upgrade it. Should the tree or hedge bear fruit that hangs into a neighbour's garden, the neighbour cannot lawfully take the fruit or flowers subject to the Theft Act 1968. Read more about cookies here. In the letter to your neighbour: We have a short template letter that can help you get started. It is also important to keep in mind the municipal by-laws that are in place in your area with respect to trees. You could also start a court action before a dangerous tree or branch falls to require your neighbour to remove it. But they can also cause disagreements, especially between neighbours. If leaves, acorns, twigs or other debris from a neighbor’s tree falls onto your property, you are responsible for cleaning this debris up. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. Mediation is quicker and much less expensive than taking legal action. Trees on neighbours’ land. There was an error, please provide a valid email address. When a storm occurs, you need to consider potential damage to your home and personal property as well as the property of your neighbors. 2. If you don’t have a land survey, you can consult a land surveyor and have a land survey done. The neighbour one day had a company come in an chop down the tree and remove it over the next day while we were at work. Ted and Janet were neighbours. Also, FortisBC recommends you “click, call or check before you dig”: contact BC 1 Call to find out if there are any buried utility pipes or lines. Image by Julian Dunster via Tree Service Canada. Mediate BC keeps a searchable list of mediators in British Columbia. There might be a fence or hedge or some other physical barrier between the two yards. If the tree in question is dead/dying or has dead branches that could be hazardous , Urban Forestry can investigate. Each of you has to get the other’s agreement before doing anything to the tree. A Neighbor's Tree Damaged My Property By John Stevens ... Courts weight the risk of harm against the burden of inspecting the tree for damage. I live in a condo. What you can do depends in part on who owns the tree and any local bylaws relating to trees. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. Just like you wouldn’t go onto your neighbor’s property to tidy up any of their other property, the same goes for their tree. Even though the tree trunk is on your neighbor’s property, anything from the tree that falls onto your property is your … 1. Untidy Premises and Other Neighbourhood Nuisances, leaves, fruit, nuts or other debris fall from your neighbour’s tree onto your property, tree roots are a tripping hazard or cause damage to your yard, the foundation of your home, or part of your property (like a driveway), can’t enter your neighbour’s property without permission, can only prune or cut back the branches or roots that are on, shouldn’t cause any unnecessary damage to the tree. That way you may avoid costly repair bills and your neighbour may be more inclined to address the problem. Embed People's Law School content on your website. Shade. The owner of a tree is responsible for any damage. Trees beautify and benefit the environment. Invite your neighbour to talk about options that will work for both of you. If I were to build a fence six inches into my property, can my neighbour now use the six inches on the other side of my fence for their... Our fence on the property line has been damaged by our neighbour. This means they amount to an unreasonable interference with your right to use and enjoy your property. Try discussing the problem with your neighbor before trimming yourself. If the tree in question is dead/dying or has dead branches that could be hazardous , Urban Forestry can investigate. That depends entirely on the circumstances. The Town came and cut down half the tree to clear out the road. But the court can also order other remedies, such as requiring a homeowner to cut overhanging branches and clean up the debris. If you are suffering from the types of neighbors who make you want to move, look into the steps you can take to deal with horrible neighbors. roots causing damage to your property. However, you can only do what is necessary to solve the problem. If you prove your claim, you’ll usually get an order for compensation. For example, you may believe something your neighbour did doesn’t follow local bylaws, such as rules about cutting down a tree or planting a replacement tree. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. But in Ontario what happens is this. And with this in mind, it becomes clear that the responsibility for maintenance or damage caused by overgrowth lies with the owner. Learn how to deal with problems involving fences and neighbours. But before you buy and plant one, there are some things to consider. What can I do? To me, it's even tougher when a tree is involved, because trees are beautiful, living things. Search box, type in “ tree bylaw [ Community name ]. ” you 're looking for advice to... 20 cm or larger, as a roommate your site, you can do depends in,. To injure you or your arborist may go onto your property that poses a or! 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