mike rousseau Posted July 21, 2013 Report Share Posted July 21, 2013 So my neighbor cut down part of MY tree this weekend without talking to me first.... The tree is about 6"-12" on my side of the property line... Both basically the canopy is 50/50 over our properties... Just wondering what the laws are about cutting someone else's tree overhanging on your property... Thanks Link to comment Share on other sites More sharing options...
paul_614 Posted July 21, 2013 Report Share Posted July 21, 2013 To my best knowledge, if it hangs on your side, you can cut it. Link to comment Share on other sites More sharing options...
Terry Posted July 21, 2013 Report Share Posted July 21, 2013 he can cut what hangs over his side, however if it kills the tree he could be responsible to remove the dead tree Link to comment Share on other sites More sharing options...
woodenboater Posted July 21, 2013 Report Share Posted July 21, 2013 If you were in Toronto, this story and the legal ruling would make one jittery. http://www.theglobeandmail.com/news/national/one-tree-two-neighbours-and-a-changed-legal-landscape/article12698935/ but the neighbour should have spoken to you first, if he was a good neighbour.... Link to comment Share on other sites More sharing options...
wallacio Posted July 21, 2013 Report Share Posted July 21, 2013 That ruling was by the Ontario Superior Court and is in relation to the provicial forestry act so it will set precedent province wide where shared trees are concerned. As the article states, many municipal by-laws will need to be re-written as a result ie ones that allow people to cut branches without permission on their side of the property line. Link to comment Share on other sites More sharing options...
mike rousseau Posted July 21, 2013 Author Report Share Posted July 21, 2013 Ok... I normally wouldn't care much but he left a huge limb in my yard... I'm gunna give benifit of the doubt... But I sure hope he at least cleans up the mess he made... Link to comment Share on other sites More sharing options...
nexstar Posted July 21, 2013 Report Share Posted July 21, 2013 Interesting story... My neighbour's tree limbs are well over our property line.. Good thing to learn about the ruling If you were in Toronto, this story and the legal ruling would make one jittery. http://www.theglobeandmail.com/news/national/one-tree-two-neighbours-and-a-changed-legal-landscape/article12698935/ but the neighbour should have spoken to you first, if he was a good neighbour.... Link to comment Share on other sites More sharing options...
Fisherman Posted July 21, 2013 Report Share Posted July 21, 2013 I'd say that ruling is nuts, you could end up with a hugh tree overshadowing your property with absolutely no recourse. I don't mean to denude the landscape, but some trees become so encombering to cover somebody elses property that they can't enjoy. Ya, I know that's what insurance is for when a tree falls on your house, but, there's a lot more aggravation to have to go through the repairs than getting rid of a tree and planting some more elsewhere. Link to comment Share on other sites More sharing options...
dhickey Posted July 22, 2013 Report Share Posted July 22, 2013 What kind of tree was it? Was it effecting him and his use of his property? Did he cut more than 30% of the tree? Link to comment Share on other sites More sharing options...
woodenboater Posted July 22, 2013 Report Share Posted July 22, 2013 yup, cutting down any tree, legally (diameter, height etc..), is a pita. Wanted to drop a Norway Maple (talk about invasive species) and an arborist did a detailed report yet the city wanted photos of everything etc.. I LOVE trees as much as the next hugger but it's gotten too bureaucratic. Neighbours have one huge monster (that's been needing maintenance) between their homes and it scares the beejeezus out of me. They don't want to pay to take it down but I'm positive that if it topples over, we're talking major house damage (foundation, walls etc..) back to Mike...I do hope the neighbour does clean up his mess and speaks to you before taking saw to tree again. Link to comment Share on other sites More sharing options...
mike rousseau Posted July 22, 2013 Author Report Share Posted July 22, 2013 Mess was gone when I got home... Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now