You could also start a court action before a dangerous tree or branch falls to require your neighbour to remove it. If you don't see it please check your junk folder. We have enabled email notifications—you will now receive an email if you receive a reply to your comment, there is an update to a comment thread you follow or if a user you follow comments. You can also hire a registered BC land surveyor to come to the property and identify the property line. (This service is free.). Trees on neighbours’ land. Basically, if the trunk and visible roots are wholly on your neighbour’s property, your neighbour owns the tree. Many cities and towns have rules in place to protect trees and regulate tree cutting. Some municipalities have rules about the types of trees you’re allowed to plant on your property. Laws vary somewhat but most states say that if the roots of a homeowner’s tree damages a neighbor’s drive or home, then that’s the n… (See Nolo's articles on "Neighbors and Trees" for more on this.) 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. The same principle also applied to damage caused by the tree roots. what are your rights? Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. QUESTION 5: My neighbor claims that if the City of Toronto gives a homeowner a permit to remove or injure a tree, this means the permit-holder can automatically cut it down—even in the case of boundary trees. If you have issues with a neighbour’s tree — for example, it overhangs your property — explain your concerns and ask for their thoughts. ), Check your municipality’s local bylaws in case there are rules about where you can plant a tree in your yard. In that situation, if the tree is damaged or it dies, you may face: Take a look at this diagram showing an example of how the self-help rule works: Image by Julian Dunster via Slaw, from Trees and the Law in Canada. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. If a tree on your neighbour’s property falls and damages your property, your neighbour isn’t responsible for the damage unless it was caused intentionally or through negligence. The tree/hedge must be on the land adjoin­ing the affect­ed neighbour’s prop­er­ty. Overreaching branches and roots can be annoying and inconvenient. What to do if a neighbour's tree is affecting you. Trees are a common cause of disagreement between neighbours. Generally speaking, this is not usually considered a significant private nuisance. My neighbors tree fell down in my yard during a wind storm. Again, there is a process to go through to prove the cause of the damage, and the extent of that damage. When a tree falls over onto a neighbor's property, that neighbor should submit a claim to his or her insurance company immediately. On CivicInfo BC, you can search across local government websites province-wide to find local bylaws relating to trees in your community. We ask you to keep your comments relevant and respectful. Claims for damage resulting from tree roots are brought in nuisance rather than trespass despite the fact that the tree roots will … If leaves, acorns, twigs or other debris from a neighbor’s tree falls onto your property, you are responsible for cleaning this debris up. So where’s the property line? Or there may be an unhealthy tree across from your home that’s part of a community street plan. Our shared fence is falling apart. Read more about cookies here. 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. What if my neighbour’s tree branches or roots damage my property? tap here to see other videos from our team. It is also important to keep in mind the municipal by-laws that are in place in your area with respect to trees. This means they amount to an unreasonable interference with your right to use and enjoy your property. After receiving your complaint, the municipality may inspect the problem. Visit our Community Guidelines for more information and details on how to adjust your email settings. For example, many BC municipalities require property owners to apply for a tree removal permit if they want to cut down a tree above a certain size. It's important to keep in mind that specifics of such a situation may vary legally according to state, so you should check with local statutes, as well as with your homeowner's insurance, before you take any action. My neighbour wants to upgrade it. It was doing zero damage to their property as it was a vacant lot. When a storm occurs, you need to consider potential damage to your home and personal property as well as the property of your neighbors. Answer: NO (Ontario). Best tree on the block. What happens if a neighbour’s tree falls on your property? Clean air. If your neighbour is unco-operative, or if you’d rather do it yourself, you can choose to cut back your neighbour’s overhanging branches or dig up the roots — up to the property line — and clean up the debris left on your property. There are a couple of other sorry-looking trees in my neighbour’s garden. There was an error, please provide a valid email address. On the other hand, a property owner is responsible for the health and maintenance of the trees on their property. Whoever owns the tree is responsible for maintenance of the tree. However, this is not always true. A tree with its trunk growing across a property line is considered shared-property and in normal circumstances should not be injured or destroyed without the neighbor’s consent. Only the roots that are actually crossing the property line may be removed, and they can’t be removed in such a way as may kill the tree. Taking legal action against a neighbour will almost certainly strain your relationship — no small matter since you’re living side by side. How far may depend, in part, on the tree’s eventual height and diameter. These boundary trees may also throw unwanted shade on your neighbour’s yard. Sign up to receive daily headline news from the Ottawa SUN, a division of Postmedia Network Inc. See our full disclaimer. Every first-year law student learns about the case of Rylands vs. Fletcher, a decision of … But leaves or fruit falling from overhanging branches might interfere with your neighbour’s use and enjoyment of their property. If necessary, you can sue to enforce your rights. If you don’t have a land survey, you can consult a land surveyor and have a land survey done. If a branch from a tree hangs over the property line in such a way that causes injury or damage to the neighbour, the owner of the tree is legally responsible for the damage or injury. Nip it in the bud. Mediate BC keeps a searchable list of mediators in British Columbia. Even if there aren’t any, there are general guidelines you should follow. A homeowner may remove the overhanging branches of a tree belonging to their neighbour. Shade. The tree was 99% on our property but the trunk did protrude slightly onto the neighbours property. Good fences, they say, make good neighbours - although with some neighbours, the higher the better. If this doesn’t help, try to obtain their written permission to do so before beginning. The actual cost will depend on the property size, location, history, and other factors. 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. Dealing with boundary disputes. Or, if you’d told your neighbour about the danger posed by an overhanging branch, and it later fell and caused property damage, you could start a legal action in nuisance or negligence. Johnson and his neighbour get along well, but he e-mailed me recently to ask if I could write about who bears the legal responsibility for any damage the tree might cause, or the costs of repair. But they can also lead to tensions and conflicts. This can pose a safety hazard. A neighbor’s tree branch that hangs over your property may fall in a storm, resulting in damage to your home, car or other possessions. If the trunk of the tree is directly on the property line (a “boundary tree”), both you and your neighbors own the tree. Tree disputes can take many forms, such as trees that fall on a neighbor's property and cause damage or circumstances where a neighbor's tree blocks what would be a scenic or otherwise pleasant view. This involves you and your neighbour meeting with a neutral third party who’ll work to help you reach an agreement. For others, neighbors can be your worst nightmare by causing disruptions, lowering property values in the neighborhood or even damaging your property with their negligence or maliciousness. Do I have to pay for any of this? Learn how to deal with problems involving fences and neighbours. If a branch from a tree hangs over the property line in such a way that causes injury or damage to the neighbour, the owner of the tree is legally responsible for the damage or injury. Is there a rule about how close a fence can be to a neighbour’s house? roots causing damage to your property. ... you can do what you like to the trees on your property. Have a tree close to your neighbour’s property? Otherwise you’re out of time to sue the municipality. In the letter to your neighbour: We have a short template letter that can help you get started. (You can’t just go make a change to common property — even a good one!) Ted and Janet were neighbours. The International Society of Arboriculture promotes the professional practice of arboriculture and provides a searchable directory of arborists. Disputes over trees can arise for many reasons, including overreaching branches and roots, damage caused by a falling tree or overhanging branch, and trespass onto a neighbour’s property to deal with a tree. Searching by “Community” under “Practice Areas” can help narrow your search. By continuing to use our site, you agree to our Terms of Service and Privacy Policy. 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. If the tree in question is dead/dying or has dead branches that could be hazardous , Urban Forestry can investigate. If the tree in question is dead/dying or has dead branches that could be hazardous , Urban Forestry can investigate. For example, if your neighbour has pruned or removed overhanging branches past the property line, you could sue them for trespass. There might be a fence or hedge or some other physical barrier between the two yards. You may immediately think that if it wasn’t your fault, it isn’t your problem. 365 Bloor Street East, Toronto, Ontario, M4W 3L4. For more information, visit www.jacquesrobert.com. The reverse case is also true. During a late November windstorm in 1991, a 60-foot poplar in Parent’s … Disputes can be about: branches overhanging your fence. It’ll help you figure out where, literally, to draw the line between your and your neighbour’s properties. If he refuses, you can take him to court. If you’re wanting to plant a tree, start by explaining why you want it where you want it. But what you can do is express concern that his or her tree is at risk of damaging your property the next time a big storm rolls around. They can mark property boundaries, keep pets or children safe, offer privacy, or limit unwanted guests. Kidding aside, this really isn’t your problem. Serious harm caused by encroaching tree limbs or tree roots may give rise to a lawsuit. 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. You can ask that they (at their cost) hire a professional arborist to do the work, but they don’t have to; they can choose to do it themselves. Join the mailing list to receive daily email updates. Disputes typically arise when the branches or roots of a tree on one neighbour’s property (neighbour A) begin encroaching onto their neighbour’s property (neighbour B), causing damage to or interfering with the enjoyment of neighbour B’s property. However, this is not always true. 2. If none of the steps above resolve the problem, it may be time to consider legal action. Try discussing the problem with your neighbor before trimming yourself. I live in a condo. Often, a tree removal permit will require a property owner to plant one or two “replacement” trees for every tree that’s cut down. You can: You do not have to remove a healthy tree that is blocking your neighbour’s view or casting unwanted shade. If you do go onto a neighbor’s property or harm the tree, you could be liable for double or triple the value of the tree! Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. For example, say you’re worried about the condition of a tree in your neighbour’s yard, as it’s leaning far to one side and a large branch is hanging over your property. Is this true? Where tree roots cause damage to a neighbouring property, the owner of the tree can be liable, under the law of nuisance, for such damage. On November 30, 1991, Janet’s tree snapped off in a wind storm. This means that trees should be planted far enough from a neighbour’s property to avoid harming that property. A big tree on the condo’s property has roots encroaching onto my property. This advertisement has not loaded yet, but your article continues below. You may have to pay a fine or face a legal action. Dial-A-Law: A starting point for information on the law in British Columbia in 130+ topic areas. Residents of the City of Ottawa must abide by the Urban Tree Conservation By-law. We were told by a tree arborist, that in our area (Mississauga) if the limbs of a neighbour’s tree is hanging over our property, we have a right to trim it (within reason as not damage the tree). © 2020 Ottawa Sun, a division of Postmedia Network Inc. All rights reserved. You also have to start a court action within six months of the property damage occurring. Please try again. Disputes over trees, branches, and roots can hopefully be avoided by good communication and cooperation between neighbours. These “boundary trees” are regulated by the Ontario Forestry Act which makes it an offence to injure or destroy a tree growing on the boundary between adjoining lands without consent of the land owner. What can I do? To get ready for the conversation, think about the outcome you’re seeking. Your neighbour the one cutting down the tree would be considered negligent and responsible for the damage. But we understand that while fences may make good neighbors, a tree that’s actually causing property damage can definitely make for a tense situation. When a tree falls over onto a neighbor's property, a homeowner is often left to wonder if he or she is liable. But the court can also order other remedies, such as requiring a homeowner to cut overhanging branches and clean up the debris. Invite your neighbour to talk about options that will work for both of you. These rules are typically in local bylaws. Just include the part until .ca, .org, or .com. Whether you’re thinking of planting a tree or you’re concerned about a neighbour’s tree, the first step is to talk about it with your neighbour. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. ii contacted the owner, his own lives there, he took my phone number, but have had no response. “If the neighbor’s tree falls on your house, it’s your problem,” says Gary Blackwell, an independent insurance agent based in Corinth, Maine. What to do when your neighbour’s noise crosses the line. A tree with a base growing on the boundary between two properties is common property between the owners of the two properties. But these may not be legally accurate markers of the property line. The per­son mak­ing the claim must be the own­er or occu­pi­er of the land that adjoins the land on which the tree or hedge is sit­u­at­ed. Trees and Neighbours - What you should know. Claims for damage resulting from tree roots are brought in nuisance rather than trespass, even though the tree roots will be encroaching on the neighbouring land. The Town came and cut down half the tree to clear out the road. 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