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frinkprof · 08-08-2012, 08:43 PM

After looking into it a bit, I'm partially wrong.

Seems that your responsibility is to keep the tree in a healthy state and have it pose no risk to the safety of the adjacent properties (buildings and residents). If a branch were to fall and damage a structure, and you are found to be negligent in the upkeep of the tree, you would be liable. An otherwise healthy branch overhanging though is seen to be naturally expected - especially if the neighbour moved in after the tree was planted.

Encroaching roots are a big no-no, especially if they start to undermine the integrity of buildings and structures on the neighbouring property - including the fence. In that case, it would be your obligation to keep them in check.

Sounds like the neighbour can basically do whatever he wants to the branches up to the property line so long as it does not harm the health of the tree. Basically as long as the tree can live through losing any branches going over the property line, whatever he does to it is his prerogative. If he were to cut off a bunch of branches and kill the tree as a result, he would owe you the cost of the tree (I assume whatever a judge would find that to be).

Here's a couple links.

http://www.justanswer.com/canada-law...erty-line.html

http://www.sjlaw.ca/news/overhang.php

Edited my original post to clarify the part that wasn't correct.

08-08-2012, 08:43 PM	#15
frinkprof First Line Centre Join Date: Dec 2009 Exp:	After looking into it a bit, I'm partially wrong. Seems that your responsibility is to keep the tree in a healthy state and have it pose no risk to the safety of the adjacent properties (buildings and residents). If a branch were to fall and damage a structure, and you are found to be negligent in the upkeep of the tree, you would be liable. An otherwise healthy branch overhanging though is seen to be naturally expected - especially if the neighbour moved in after the tree was planted. Encroaching roots are a big no-no, especially if they start to undermine the integrity of buildings and structures on the neighbouring property - including the fence. In that case, it would be your obligation to keep them in check. Sounds like the neighbour can basically do whatever he wants to the branches up to the property line so long as it does not harm the health of the tree. Basically as long as the tree can live through losing any branches going over the property line, whatever he does to it is his prerogative. If he were to cut off a bunch of branches and kill the tree as a result, he would owe you the cost of the tree (I assume whatever a judge would find that to be). Here's a couple links. http://www.justanswer.com/canada-law...erty-line.html http://www.sjlaw.ca/news/overhang.php Edited my original post to clarify the part that wasn't correct. Last edited by frinkprof; 08-08-2012 at 08:50 PM.