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Ducay · 08-08-2012, 07:33 PM

Hey CP brain trust; quick bylaw/civil matter.

Here's the situation:

- I have a large, ~30 year old poplar in my backyard, planted around 6ft from the fence that borders my neighbor's backyard. Being a giant, old ass poplar, it has branches that extend over the fence into his property.

- Said neighbor (recently moved in) came over and told me to cut down the branches over his property. Understanding, I said I would look into it and see about the feasibility and cost. I can understand him wanting them pruned. (FYI the limbs aren't a danger to fall onto his house or anything, everything is overtop of open grass).

- I got a quote to have the largest offending limb removed, and it will be at least $400-500. I let him know, and offer to split the bill, given that its my tree, but he is the one wanting the work done. I'm fine with keeping the tree as is.

-Neighbour flat out refuses to pay a cent, indicating it is my tree and I have an obligation to keep tree from going over property line. (Bear in mind this in an older neighbourhood where 70% of the trees cross over property lines, given they're old and big). He also asks that any branch going over the property line be removed. (This would likely cost at least $1000, and might compromise the tree given the amount to be removed).

So where does responsibility lie? Seems like its likely a civil issue as the community standards bylaw is pretty mum on the issue. Everything I've read is that he is well within the law to trim the offending branches himself (at his cost) if they are in his property, as long as he doesn't kill the tree in the process. Nothing really discusses whether there is an obligation to keep the tree within the lines at my financial cost

As I said, I understand its my tree and I'm trying to take the higher road and rectify the situation (which I'm trying to do, and am obtaining additional quotes) I'm fine paying a reasonable amount to be a "nice neighbour"; but flat out demanding I shell out $1000 for something he wants done isn't my cup of tea.

08-08-2012, 07:33 PM	#1
Ducay Franchise Player Join Date: Feb 2006 Exp:	Obligation to prune Trees? Hey CP brain trust; quick bylaw/civil matter. Here's the situation: - I have a large, ~30 year old poplar in my backyard, planted around 6ft from the fence that borders my neighbor's backyard. Being a giant, old ass poplar, it has branches that extend over the fence into his property. - Said neighbor (recently moved in) came over and told me to cut down the branches over his property. Understanding, I said I would look into it and see about the feasibility and cost. I can understand him wanting them pruned. (FYI the limbs aren't a danger to fall onto his house or anything, everything is overtop of open grass). - I got a quote to have the largest offending limb removed, and it will be at least $400-500. I let him know, and offer to split the bill, given that its my tree, but he is the one wanting the work done. I'm fine with keeping the tree as is. -Neighbour flat out refuses to pay a cent, indicating it is my tree and I have an obligation to keep tree from going over property line. (Bear in mind this in an older neighbourhood where 70% of the trees cross over property lines, given they're old and big). He also asks that any branch going over the property line be removed. (This would likely cost at least $1000, and might compromise the tree given the amount to be removed). So where does responsibility lie? Seems like its likely a civil issue as the community standards bylaw is pretty mum on the issue. Everything I've read is that he is well within the law to trim the offending branches himself (at his cost) if they are in his property, as long as he doesn't kill the tree in the process. Nothing really discusses whether there is an obligation to keep the tree within the lines at my financial cost As I said, I understand its my tree and I'm trying to take the higher road and rectify the situation (which I'm trying to do, and am obtaining additional quotes) I'm fine paying a reasonable amount to be a "nice neighbour"; but flat out demanding I shell out $1000 for something he wants done isn't my cup of tea.