Tree cutting question

[mike rousseau]

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

[paul_614]

To my best knowledge, if it hangs on your side, you can cut it.

[Terry]

he can cut what hangs over his side, however if it kills the tree he could be responsible to remove the dead tree

[woodenboater]

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....

[wallacio]

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.

[mike rousseau]

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...

[nexstar]

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....

[Fisherman]

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.

[dhickey]

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?

[woodenboater]

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.

[mike rousseau]

Mess was gone when I got home...