Obligation to prune Trees?

[puckluck2]

Didn't you say it was for a day care? why do you keep saying he hates trees when you already know this is being done so someone in the household can run a daycare?

[TheGrimm]

My neighbour has some MASSIVE poplars, which are probably 100+ ft from my yard, but I was digging for fence posts this summer and found plenty of roots. While I enjoy the shade it gives and would never ask my neighbour to tear it down, but they can be a PITA. I basically tell myself to consider it a valuable member of the community and just deal with the hassles it brings with it.

The only thing to consider is whether your tree is still healthy, as they are not exactly a long lived tree.

[topfiverecords]

Should be able to find out here if a dayhome licence has been issued at their address.
http://www.calgary.ca/_layouts/cocis...om=2&sideBar=3

[troutman]

Are you thinking of trimming the neighbour's tree?


http://www.canada.com/calgaryherald/...9-32e456b91bf5

"Private property issues are civil matters that are not governed by bylaws," says Bill Bruce, director of animal and bylaw services for the City of Calgary. Instead, Bruce and Calgary Police Services refer citizens to the Community Mediation Calgary Society to settle these kinds of disputes.

Approximately 90 per cent of the cases this non-profit society assists with each year arise from neighbour disputes.

Any questions about yard-related or other bylaws can be directed to the city's central 311 service. For more information on Community Mediation Calgary Society, visit www.mediation.ab.ca or call 269-2707.


Yard and perimeter
maintenance
Your guide to responsible yard and perimeter
maintenance around your home
http://www.calgary.ca/_layouts/cocis...edirect=1&sf=1

[AR_Six]

Generally speaking, if there is any possibility that an overhanging limb could cause a safety issue or damage to property (i.e. it might fall on his house/car/jacuzzi in a windstorm), you have an obligation to cut it to prevent that. Additionally, he can cut your tree to the extent it hangs over his property, but can't enter your property to do so without your permission, and can't damage your tree (i.e. if he kills it you'd be able to sue him for whatever the "value" of the tree was). So no, you don't have an obligation per se to prune the tree.

[Nyah]

Originally Posted by Iginla

Didn't you say it was for a day care? why do you keep saying he hates trees when you already know this is being done so someone in the household can run a daycare?

I am totally ignorant on the matter, but how does a neighbor’s tree affect one’s ability to operate a daycare? Is it a licensing/bylaw thing?

[FlamesKickAss]

Originally Posted by Ducay

We'll have to see how this plays out. The more I think about it, he moved in less than a year ago knowing full well there was a giant tree. Makes me less thrilled about spending hundreds of dollars to appease him.


Oh, and he's off to the races this morning; cutting down a 10ft blue cedar-like tree along the fence. Who hates trees this much?

those shrubs look like they are crossing the property line, better get out and trim those too!

[Rathji]

Originally Posted by Nyah

I am totally ignorant on the matter, but how does a neighbor’s tree affect one’s ability to operate a daycare? Is it a licensing/bylaw thing?

I think it is more of a "The person running the dayhome is an idiot thing", but I am just guessing.

[Sliver]

Who cuts down trees unnecessarily? I'm actually considering offering to pay 50% for some trees so my across-the-alley neighbour will plant something in his treeless backyard so we can both enjoy them.

[Daradon]

Originally Posted by frinkprof

I'll have to point-form this one.

- The law sees that needles, leaves, bark, cones, fruit, etc. will fall where they may from trees (however consistently in quantity and ground area for any given tree), and that they become the property and responsibility of whoever holds title to the surface they land upon.

- You don't own a view nor have a right to a corridor through which the rays of sunlight must be able to pass unimpeded.

- The care the tree owner is responsible for goes only as far as keeping the tree healthy and alive and preventing reasonably foreseeable (given the health of the tree) damage to adjacent properties and residents.

- The tree is not on his yard, its limbs are over his yard. As society has been presented with these situations over the decades and centuries, the law has adapted to a position that is reasonable for the parties involved, which sees that there is an important difference between the two.

I never argued the legal obligations, only the neighborly ones. I merely pointed out why the (any) neighbour MAY want the tree pruned back.

[To Be Quite Honest]

It could help with constipation.

[Regular_John]

Man we have one of those huge *ss poplars in front of our place, and damned if they arean't messy trees. Seedlings in the spring, leaves in the fall, seems I spend a few weeks at the beginning & end of winter/summer each year sweeping stuff off my patio/sidewalk.

As for the OP, you've attempted to meet this guy half way, he's unwilling to budge, I'd leave it at that. Just say "I'm trying to be reasonable here, but if you're not willing to work with me on this I'm not really inclined to go any further".

Even if the day home thing is true, there's their business (literally) and any cost they incur to comply with regulations should be an easy write off. It's definitely not your responsibility to ensure their business complies with regulations, that's on them.

[mykalberta]

I have always wondered about this. What if the neighbour wants to put up a shed on his property and someones tree is overhanging which promotes squirrels going to the new building.

What if the neighbour wants to put a vehicle pad back there and the overhanging branches drip sap on to the vehicle.

What if the neighbour simply doesnt want to have to rake up someone else's leaves up from his property.

Can cutting branches off a tree if they are 6ft+ away from the trunk really kill the tree? It might cause the tree to grow funny or look funny but can it really kill the tree?

[TheSutterDynasty]

Originally Posted by mykalberta

Can cutting branches off a tree if they are 6ft+ away from the trunk really kill the tree? It might cause the tree to grow funny or look funny but can it really kill the tree?

Why don't we try cutting 20% off of you and see what happens?

[kevman]

Similar to the above post, does anyone know what the regulations are around having power lines over your property? My neighbour to the east ties in on the west side of my property and as a result the power lines cross my back yard. I'm not to concerned about the aesthetics of it but the stupid birds hang out on those lines right above my parking pad and sh*t all over my truck...

[troutman]

http://en.wikipedia.org/wiki/Nuisance

[Knalus]

Originally Posted by mykalberta

Can cutting branches off a tree if they are 6ft+ away from the trunk really kill the tree? It might cause the tree to grow funny or look funny but can it really kill the tree?

It can if it makes the tree fall over.

[flamesfever]

I think tree maintenance is way overpriced for what they do, and the time it takes. I believe you are being very fair to share the cost to remove the offending limb. I would ask the neighbour politely once again to pay half or say it will cost you too much to comply with his demands, and if he cuts down the branches on his side you will expect damages, should the tree not survive. I would gamble that he would not pay to have the tree, overhanging his property, cut down, as people his age have a tendency to be very frugal. Failing a resolution of the issue, I would tell him you wish to take it to the Community Mediation Calgary Society, mentioned by Troutman above. If, after all that, you still have a problem, I'd find a friend to help you cut down the offending branch, using the rope over a higher branch, mentioned above.

[puffnstuff]

I think, based on that one picture, that his deck is too close to the property line. Be a shame if someone complained and he had to fix that, now wouldn't it...

[Russic]

My inlaws had an awesome tree in their front yard that the neighbours didn't like. There was a bit of a stalemate as removing the tree would be such an expensive venture. 3 weeks later the tree was totally dead. When they had it cut down the guy they hired said it appeared to be poisoned, but because the roots were so incredibly long it wouldn't be possible to figure out where the damage was done.

This thing was a monster: