Obligation to prune Trees?

[Ducay]

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.

[taco.vidal]

Do you want to leave it to him to trim the tree? Your next post will be asking if you can sue your neighbour for killing your tree.

[BlackArcher101]

From my understanding (of lethbridge bylaws, I image calgary is simlar), it's 100% your responsibility. I believe the neighbour even has the authority to cut any branches extending into his yard. Nice that's he asking you.

[Ducay]

Originally Posted by BlackArcher101

From my understanding (of lethbridge bylaws, I image calgary is simlar), it's 100% your responsibility. I believe the neighbour even has the ability to cut any branches extending into your yard. Nice that's he asking you.

Yes, as I mentioned in the OP, I agree 100% he has the ability legally to trim any branches extending onto his property.
My question is if I legally must trim them; (which Im fine doing as long it doesn't cost me an arm and a leg). My reluctance lies is in shelling out $1k to just to please a grumpy older gentleman, as well as open my tree to disease and take away some of my shade.
I'm not trying to be an uncooperative neighbor, I just want a fair resolution for all.

[puckluck2]

Well he can always hire a company to do it if you don't comply and then sue you in a slam dunk case.

[Kjesse]

As the owner of the land upon which the tree grows, the obligation is entirely yours to make sure it does not pose a nuisance to your neighbour if its leaves or branches cross the property line.

[BlackArcher101]

I'm not sure if you absolutely have to (can't find a specific bylaw you would be fined under). However, if he does it, I'm not sure if the burden of covering the cost lies on you or not. I would call 311 and inquire about it, as the bylaws are extremely vague.

[Esoteric]

I actually can't find a bylway relating to trees over the property line - I found an article (http://www.canada.com/calgaryherald/...9-32e456b91bf5) that said that private property issues are civil matters that are not governed by a bylaw

[GreatWhiteEbola]

You should take some pics. I can't fathom why someone would demand that the trees limbs are pruned back to the property line, unless they are threatening his property in some way, which you mention isn't the case here. The "grumpy older gentleman" must not have a hobby, that can be a real detriment to one's quality of life in retirement.

Did he offer a logical reason for his demands?

[monkeyman]

I don't think there is a specific bylaw related to trees crossing into a neighbours property. The city only cares if it causes a problem on city land.
Unless the tree is deemed unhealthy and a risk to your neighbours property, i don't think you are legally obligated to trim it. couldn't find anything specific on the city of Calgary website, but i did find this article from Metro...
ttp://metronews.ca/news/calgary/2593...ee-in-calgary/

[Canada 02]

somehow I doubt home owners own the air space over their property. It seems excessive to have to cut down trees or branches that are not contacting your neighbors home, or in danger of causing damage to the home. Also, if the branch is significantly out of arms reach, it shouldn't need to be cut down either.

This is just my opinion, based on the bylaws governing trees that extend over city property, streets or sidewalks

[puckluck2]

Gentleman, I have no need to cut my prune tree from your property, good bye.

[frinkprof]

You won't find anything from the City (bylaws, even advice) that will deal with this situation, unless the tree (including its limbs) encroached onto City-owned land, which is not the case here. They will not get involved in such matters.

This is a civil matter between you and your neighbour.

If the tree is indeed encroaching (as you say it is) and if your neighbour wanted to take you to court, you would ultimately be on the hook for the costs.

EDIT: Roots only though, branches are more complicated, see below.

[Table 5]

Man, the jerk store called and they are running out of that guy.

Who doesn't like trees? Trees are awesome. The more of them Calgary has to cover this bald-ass prairie, the better.

[frinkprof]

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.

[Yasa]

I used to have ayounger brother. The obligation to Prune Tree was fullfilled the day he was born. I got a sweet 10 speed out of it though!

[photon]

Originally Posted by Table 5

Man, the jerk store called and they are running out of that guy.

Who doesn't like trees? Trees are awesome. The more of them Calgary has to cover this bald-ass prairie, the better.

This.

[Rathji]

Pretty much what fink says.

The guy can do what he want, but if he kills the tree he is on the hook. Old trees are worth a crap ton, since they are irreplaceable 99 times out of 100 due to any potential tree that could be moved there would be insanely expensive to move (tree + Tree spade + potential utility rerouting to make it happen) and would not likely live since a large portion of its root system would be damaged.

If you want to keep the tree as is, I would find a reputable arborist to take a look at it and tell you if the branches removed as he wants would pose a serious risk to the tree. Assuming you can find one who would do that, then find a quote for someone selling and installing ANY tree even close to that caliper, and show your neighbour the potential bill if the tree dies. Also be sure to remind him that your tree is bigger than the one that would be installed by that quote, so finding an equivalent tree would be exponentially expensive for the reasons I listed above.

My bet is he backs down.

[burn_this_city]

What a putz, I wouldn't be surprised if it boils down to him not wanting to rake the leaves in the fall. I'd tell him to pound sand, it was something he should have considered when he bought the property.

[moncton golden flames]

some people actually enjoy the sun, which the tree may be blocking.