Tree overhanging fence
My spruce tree overhangs a few feet into my neighbor's yard. As a spruce tree does, it drops needles into their yard. They want to have the tree branches trimmed back. Can they do this legally? If so who is financially responsible to get this done? <br />Please advise.<br />Thank You.
Asked over 5 years ago in Sherwood park, Ontario
Categories: Real Estate
Not a concrete answer, but it doesn't seem like you'll get much better around here.<br /><br />From http://www.toronto.ca/faq/trees.htm#q2<br /><em> Can I prune the branches from my neighbour's tree, that overhang my property?<br /> Three main points to remember when dealing with trees on adjacent private property are that:<br />You cannot trespass onto your neighbour's property;<br />You cannot damage your neighbour's property (in this case a tree); and<br />You have the right to maintain your property in a safe condition<br />It is therefore best for property owners to come to an agreement between themselves with respect to trees overhanging property lines.<br />If you are unable to reach an agreement with your neighbour and want to determine your legal rights, you should contact a lawyer.<br />The act of pruning trees on neighbouring private property affects private property rights and is a civil issue between private property owners.<br />The City has no jurisdiction with respect to such issues.<br />Where a tree on private property is protected under the provisions of the Private Tree Bylaw, pruning of the tree is permitted provided the pruning is in accordance with good arboricultural standards. Otherwise, a permit would be required to injure or destroy the tree.<br />A qualified tree expert should always be retained to carry out tree pruning.</em><br /><br />It doesn't look good though, a little google reveals that in most places, you're allowed to cut anything on your property line (at your expense, so in this case it's their problem), but if the tree dies, you're also responsible for it.
Posted over 5 years ago
thank you very much for the info. The property is owned by an absentee landlord and is totally unkempt. I had to call bylaw as the grass, weeds etc were over 18 inches tall. Now they are being silly with the tree branches overhanging the fence and dropping needles. You just cannot pick your neighbors!!
Posted over 5 years ago