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. What to do when your neighbour’s noise crosses the line. (See Nolo's articles on "Neighbors and Trees" for more on this.) But they can also lead to tensions and conflicts. I had a tree in my backyard I loved, 100 feet tall and it had to be 100 years old. 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. Learn how to deal with parking problems involving neighbours. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. To get ready for the conversation, think about the outcome you’re seeking. Searching by “Community” under “Practice Areas” can help narrow your search. And it can help preserve a good neighbourly relationship. Therefore, if the tree is on the boundary and has two owners, both neighbours must agree to the maintenance of the tree. 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. This means they amount to an unreasonable interference with your right to use and enjoy your property. an immediate change has to be made for reasons such as safety or the prevention of significant loss or damage. For example, don’t plant trees close to overhead utility lines. 2. The tree fell and damaged the fence, a snowmobile trailer and a … You cannot cut down the tree or enter your neighbour’s land to trim branches without permission. If necessary, you can sue to enforce your rights. The cost of a land survey may range from about $500 to $800. If the trunk and any visible roots of your neighbour’s tree are close to, but not over, the property line, this is a border tree. I moved into a rental unit as a roommate. Generally, you can’t prune or cut trees on public property without your municipality’s permission. But if the trimming seriously injures your tree, your neighbor will be liable to you for the damage done. To run afoul of the law, your neighbor doesn't have to chop down your tree. (See “What you should know” above for an explanation of these concepts.) For the embedded content to appear on your site, you must submit this form. This might be especially true if: In law, these situations may be considered a nuisance. If the roots of a tree situated on a neighbour’s land have caused damage to your property, then the owner of the tree can be liable for the damage under the law of nuisance. “If the neighbor’s tree falls on your house, it’s your problem,” says Gary Blackwell, an independent insurance agent based in Corinth, Maine. 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). If leaves, acorns, twigs or other debris from a neighbor’s tree falls onto your property, you are responsible for cleaning this debris up. They could give your neighbour a fine for violating local bylaws. So. If the neighbor took reasonable care of the tree and a … This can pose a safety hazard. But if the tree is likely to injure you or cause damage to your property you can act without your neighbour's permissions. Visit our Community Guidelines for more information and details on how to adjust your email settings. Municipal bylaws will often set out the number, size, and type of replacement trees, as well as where on the property they can be planted. If you do, you’ll be breaking local bylaws. Take a look at this diagram from the city of Vancouver website. By continuing to use our site, you agree to our Terms of Service and Privacy Policy. It also maintains a searchable list of land surveyors. For example, your neighbor has the legal right to trim branches of your tree if they hang over the property line. However, this is not always true. But they can also cause disagreements, especially between neighbours. also there are several loose branches that are hazarous. When a storm occurs, you need to consider potential damage to your home and personal property as well as the property of your neighbors. The destructive force of nature is something that any homeowner in Florida faces, from minor storms to full-scale hurricanes. Overreaching branches and roots can be annoying and inconvenient. For example, https://www.example.ca. These rules are typically in local bylaws. When you can trim hedges or trees You can trim branches or roots that cross into your property from a neighbour’s property or a public road. After receiving your complaint, the municipality may inspect the problem. This information from People's Law School explains in a general way the law that applies in British Columbia, Canada. Fences serve many purposes. Or they were warned or knew the tree was damaged or diseased and might fall, but still failed to investigate or take steps to deal with the hazard. The same principle also applied to damage caused by the tree roots. At common law, a property owner is legally entitled without notice to cut those branches and roots of a neighbour’s border tree that extend onto his property or air space. 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. When a tree falls over onto a neighbor's property, that neighbor should submit a claim to his or her insurance company immediately. If you prove your claim, you’ll usually get an order for compensation. Best tree on the block. The International Society of Arboriculture promotes the professional practice of arboriculture and provides a searchable directory of arborists. 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. You can only trim up to the property boundary. Nip it in the bud. Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. roots causing damage to your property. There is a tree on my neighbour's property leaning on my property in Ottawa, Ontario. In this instance, have a chat with your neighbour about whether they’d be willing to work with you to maintain the tree, or cut back any part of it that encroaches on your property yourself. Comments may take up to an hour for moderation before appearing on the site. 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. These boundary trees may also throw unwanted shade on your neighbour’s yard. ), Check your municipality’s local bylaws in case there are rules about where you can plant a tree in your yard. PovNet has a searchable list of legal advocates experienced with providing legal information. 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