Login|Contact Us
Question and Answer

Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

I was away on business and I arrived home to find that my neighbour

 
Debra Thal's Avatar
  • Answered by:Debra Thal
  • Lawyer
  • Positive Feedback: 98.3 %
  • Accepted Answers: 37399
Verified Expert
in Canada Law

Recent Feedback

Positive
Thank you for the clear and thorough answer to my question.
Positive
Your second reply was more comprehensive and answered my question fully. I am...
Positive
Type your review here...
Positive
Debra was prompt and thorough in answering both my initial and follow-up...
Positive
excellent information
Positive
The information was very helpful.
Positive
Seemed to cover the matter for now, thank you.
Positive
Quick and easy to understand answer

Customer Question

I was away on business and I arrived home to find that my neighbour has cut away all the branches on my Juniper trees along his driveway to about the height of 10 feet. The trees actually now look like Q-tips stuck in the ground. He has denuded most of the lower trunks. He did not ask us to prune the trees or ask our permission to do it himself. I planted those trees almost 20 years ago as a barrier between the two properties. Now it looks horrible and I suspect the trees will slowly die, although junipers are very hardy. I live in Quebec. I am very upset that these trees have been destroyed, what recourse do I have?

Maureen

 

Optional Information:
Province/Territory relating to question: Quebec

Already Tried:
When I saw him doing this I told him that those trees were on my property. He answered that he was just cutting a few branches. I told him that he had cut the branches so far back, actually digging into the trunks and the trees look extremely ugly. He did not respond and continued gathering up the branches. I went out and took pictures of the trees and the pile of branches he has left at the curb.

Submitted: 343 days and 7 hours ago.
Category: Canada Law
Value: CA$39
Status: CLOSED

Accepted Answer

Picture
Expert:  Debra Thal replied 343 days and 7 hours ago.


Debra Thal (username) :

Were the branches all overhanging his property?

Customer : I have never severly cut back the branches on my side and now most of the branches are gone.
Debra Thal (username) :

The neighbour is only permitted to cut overhanging branches on his side and only so long as this does not harm the trees.

Debra Thal (username) :

He is therefore going to be liable to you for damages.

Debra Thal (username) :

The damages are equal to what it will cost to put you back in the same position you would be in had he not done this.

Debra Thal (username) :

This is also trespass though the police will most likely say that this is a civil matter.

Debra Thal (username) :

I suggest you consult with a lawyer with a view to retaining the lawyer to send him a demand letter requiring him to compensate you for the damages.

Debra Thal (username) :

I also suggest you call a tree specialist to tell you if the trees will die, how much it will cost to replace them etc.

Debra Thal (username) :

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

Debra Thal (username) :

Here is the contact information you will need.

Debra Thal (username) :

http://www.barreau.qc.ca/fr/public/trouver/avocat/index.html?Langue=en

Expert TypeLawyer
Category: Canada Law
Pos. Feedback: 98.3 %
Accepts: 37399
Answered: 5/8/2012

Experience: Lawyer

Ask this Expert a Question >
 
Tweet

2 Lawyers are Online Right Now

Ask Your Question Now
Canada Law Questions Date Submitted
My boy friend is muslim and already married with two kids. 3/6/2013
My husband willed a house he owned to his sister. She has always 3/1/2013
Corporation X hires Consultant A's services for the development/editing 2/14/2013
does being refused and banned for 2yrs during student visa application 2/13/2013
Hi my name is xxxxxxxx 1/28/2013
My wife and I have been the defendants in a civil case that 1/26/2013
Revenue Qc asked for proof of a daycare expenses I paid In 1/18/2013
I own my home. I currently have someone who is renting a room 12/16/2012
disown your daughter 11/30/2012
Can I get my $800 deposit back from car dealer?a) there 11/29/2012
RSS
Next 10 >
Ask A Lawyer
Type Your Canada Law Question Here...
characters left:

Top Canada Law Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
255 Lawyers are Online Now
Type Your Canada Law Question Here...
characters left:
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC