01-12-2009, 01:46 PM
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#1
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Scoring Winger
Join Date: Mar 2003
Location: SW
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Neighbor getting ready to cut down tree on property line
My wife just called me and told me that it appears my next door neighbors are getting ready to cut down a large tree that is right on the property line. I like the tree and would hate to see it go. Does anyone know what the deal is with a tree that is on the property line? Are they allowed to cut it down without talking to me?
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01-12-2009, 01:48 PM
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#2
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One of the Nine
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Call 311 right away. How far from the street is the tree? The true property line is usually well within your yard. The city has alot of control over these things. But for the record, Arbour companies are pretty aware of the rules and usually wont do something that is "illegal".
Edit to add that if the tree is causing any kind of foundation problems or is dying, the city is fairly lenient about cutting them down. Good luck with this one. You might want to book it home right now and intervene. I'd be super pissed if a neighbour did this. Getting a fine doesn't re-grow a tree.
Last edited by 4X4; 01-12-2009 at 01:50 PM.
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01-12-2009, 01:49 PM
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#3
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Such a pretty girl!
Join Date: Jan 2004
Location: Calgary
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Call 311 to get the quick definitive answer.
But I don't believe it's possible for something to belong to both properties at the same time, like a fence it must be on one side or have an owner. (I think)
__________________
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01-12-2009, 01:55 PM
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#4
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Franchise Player
Join Date: May 2004
Location: Marseilles Of The Prairies
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And for safetys sake, if they will be stump grinding/pulling it out, make sure they have called Alberta 1 Call for both properties to have the lines checked. No one wants to pull up a gasline.
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Quote:
Originally Posted by MrMastodonFarm
Settle down there, Temple Grandin.
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01-12-2009, 02:06 PM
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#5
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Scoring Winger
Join Date: Mar 2003
Location: SW
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311 says it's a civil matter since it's not a city owned tree.
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01-12-2009, 02:07 PM
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#6
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Powerplay Quarterback
Join Date: Apr 2006
Location: Mahogany, aka halfway to Lethbridge
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Quote:
Originally Posted by BlackArcher101
Call 311 to get the quick definitive answer.
But I don't believe it's possible for something to belong to both properties at the same time, like a fence it must be on one side or have an owner. (I think)
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Nope, in residential real estate, we essentially allow boundary fences between neighbours to be treated as if ownership is indeterminate, unless one neighbour or circumstances can clearly establish ownership. If the fence happens to be off the property line, it is either owned by the property owner on whose side it is located or it is tresspassing there. In either case the said property owner can likely remove it without consequence. Technically the best thing you can do is build your fence just inside your property line to make this type of question moot.
Trees are tougher. If it is in the front yard, the 311 call is the right course of action. If in the back yard, most of the time, the owner on whose property the trunk is located has the right ti take it down as long as they are not actually damaging any neighbouring properties in doing so. In theory, you could have a tree farm drop off a nice big tree in a hole on your side of the property line the next day and the neighbour couldn't do much about it. (With some notable exceptions regarding overhanging limbs, etc.that I do not intend to go into.)
If the tree literally wits right on the property line, there's no clear and simple answer. It's ownership will be indeterminate unless one party can prove that they own it (i.e. they can show that they or a previous owner paid to put it in). Even in that case though, by putting it directly on the property line a potential tresspass on to the neighbour's property exists, which would give the neighbour some recourse.
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onetwo and threefour... Together no more. The end of an era. Let's rebuild...
Last edited by onetwo_threefour; 01-12-2009 at 02:17 PM.
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The Following User Says Thank You to onetwo_threefour For This Useful Post:
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01-12-2009, 02:43 PM
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#7
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Playboy Mansion Poolboy
Join Date: Apr 2004
Location: Close enough to make a beer run during a TV timeout
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How old is the tree? I seem to recall something about some trees being on private property being considered "heritage trees"- or words to that effect. Meaning if it gets cut down the owner can face 1000's in fines.
Plus, it is a bit of a jerkish thing to cut down a tree that is on the property line. Heck, I even asked my neighbours before planting trees that are within a couple of feet of the line.
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01-12-2009, 07:02 PM
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#8
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Scoring Winger
Join Date: Mar 2007
Location: SW Colorado
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You should drive a bunch of giant nails into the tree. That's what i'm going to do to my jackass neighbors dog (not really) that keeps crapping and pissing in the snow in front of my house...my yard is looking like a bathroom stall at a Mexican restaurant.
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01-12-2009, 07:36 PM
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#9
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Powerplay Quarterback
Join Date: Feb 2006
Location: Sunnyvale nursing home
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The jerkish thing was for them to take it down without really consulting you first. I would imagine, at the very least, they will be accessing your property to take down the tree.
Did they say why they were cutting it down?
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01-12-2009, 08:21 PM
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#10
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First Line Centre
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Another way of looking at it is if the tree is overgrown and causing problems (killing the lawn, root issues, etc.), the neighbour has chosen to pick up the entire bill of fixing it, when it probably should be shared. It can cost a lot of money to remove a tree. You could be grateful.
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01-12-2009, 08:31 PM
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#11
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Franchise Player
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I'm an elected official in a city in Alberta and have some knowledge of planning matters. No one here will be able to give a definitive answer. If the tree comes down and you object seriously enough, you can talk to a lawyer. I've talked with one of our planners and he concurs. I advise talking with your neighbour before the tree comes down.
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01-12-2009, 11:34 PM
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#12
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Powerplay Quarterback
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Quote:
Originally Posted by Eric Vail
), the neighbour has chosen to pick up the entire bill of fixing it, when it probably should be shared. It can cost a lot of money to remove a tree. You could be grateful.
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Yyyyep. I knocked down a tree a while ago hitting it with a car. Small tree, and it cost over $1500 to remove the stump/replace it. If it is causing problems, just shhhhh.
__________________
"Correction, it's not your leg son. It's Liverpool's leg" - Shankly
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01-12-2009, 11:42 PM
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#13
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Franchise Player
Join Date: Aug 2005
Location: Memento Mori
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Phone 311.
I don't think there's anything regarding tree protection policay in Calgary that prevents a homeowner from cutting down trees on private property. I can't even get my useless neighbour to pull out his dead cedars.
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If you don't pass this sig to ten of your friends, you will become an Oilers fan.
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01-13-2009, 12:32 PM
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#14
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First Line Centre
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Quote:
Originally Posted by Yellefan
My wife just called me and told me that it appears my next door neighbors are getting ready to cut down a large tree that is right on the property line. I like the tree and would hate to see it go. Does anyone know what the deal is with a tree that is on the property line? Are they allowed to cut it down without talking to me?
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And? What happened?
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01-13-2009, 01:25 PM
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#15
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Often Thinks About Pickles
Join Date: Jan 2007
Location: Okotoks
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Just curious... what kind of tree is it?
Man, I've got poplars in front of my house (on city property) and I'd like to cut every one of those suckers down! Poplars have got to be the worse tree out there.
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01-13-2009, 03:48 PM
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#16
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Playboy Mansion Poolboy
Join Date: Apr 2004
Location: Close enough to make a beer run during a TV timeout
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Quote:
Originally Posted by Titan
And? What happened?
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He probably can't respond as his wireless internet doesn't reach all the way to the yard; where he has currently chained himself to the tree.
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The Following 4 Users Say Thank You to ken0042 For This Useful Post:
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01-13-2009, 06:44 PM
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#17
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Scoring Winger
Join Date: Mar 2003
Location: SW
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Quote:
Originally Posted by Titan
And? What happened?
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The tree is gone. The neighbor is buying me a new tree to plant in my yard... not ideal, but roots were causing issues.
Thanks for the advice everone.
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01-13-2009, 06:53 PM
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#18
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Scoring Winger
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Quote:
Originally Posted by Yellefan
The tree is gone. The neighbor is buying me a new tree to plant in my yard... not ideal, but roots were causing issues.
Thanks for the advice everone.
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now just hope he picks a tree that won't cause those same root issues .. but good on the neighbor for buying you the new tree.
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01-13-2009, 06:58 PM
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#19
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Powerplay Quarterback
Join Date: Feb 2006
Location: Sunnyvale nursing home
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Quote:
Originally Posted by cSpooge
now just hope he picks a tree that won't cause those same root issues .. but good on the neighbor for buying you the new tree.
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The City of Calgary claims most of thes gripes against Poplars are unfounded:
http://www.calgary.ca/portal/server....plar+Trees.htm
Having said that, I'm also not a big Poplar fan myself. However, I don't understand people who complain about spruce trees killing their lawn. In Calgary, a lawn stays green, reliabily, for about 3 months a year, whereas a spruce tree is green all year.
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01-13-2009, 07:08 PM
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#20
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Franchise Player
Join Date: Aug 2005
Location: Memento Mori
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Quote:
Originally Posted by Yellefan
The tree is gone. The neighbor is buying me a new tree to plant in my yard... not ideal, but roots were causing issues.
Thanks for the advice everone.
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Oooh, try to get an Amur Maple. Not enough of those in the city.
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If you don't pass this sig to ten of your friends, you will become an Oilers fan.
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