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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98932
Experience:  Lawyer
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Me. ***** *****. and I had a question about a shared tree

Customer Question

Hello Me. ***** *****. My name is ***** ***** I had a question about a shared tree between two neighbors.
JA: Thanks. Can you give me any more details about your issue?
Customer: If the tree falls on the property line, but seems to be a little more on our side than theirs, does that make it entirely our tree or is it still co-ownership?
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Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

The tree is shared if the tree is on the border between the two properties.

Does that answer your question?

Customer: replied 1 year ago.
Just to clarify, the tree is shared equally between the properties if it simply falls on the border, regardless of whether it falls more on one side than the other? My situation is complex as the tree does fall on the border, but more than 50% of it falls on my property.
Does the percentage of ownership of the tree based on that border matter? I am asking because the portion of the tree that is on my neighbor's side of the border needs maintenance, and there is confusion about who needs to pay for the work to be done.
Expert:  Debra replied 1 year ago.

I understand the problem. I know that you requested a lawyer from Quebec but he has not been active on the site for a very long time which is why I stepped in.

As far as I understand it you both share the tree because the tree is on the property line and so you each share equally in all maintenance cost.

Customer: replied 1 year ago.
Thank you very much for your answer and for stepping in. May I ask if there is a way for me to be certain if this rule stands in Quebec as well? (I am assuming from your message that you are not a Quebec lawyer).
Expert:  Debra replied 1 year ago.

I am not Quebec lawyer. I did do some research and this is what I found.

But, you can contact the lawyer referral service and you can speak with a lawyer through the service for 30 minutes for $30.

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