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Legal Ease
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Category: Canada Law
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I have a tree growing over an existing fence from my

Customer Question

I have a tree growing over an existing fence from my neighbors yard that is a hazard who is responsible for the tree
Submitted: 6 months ago.
Category: Canada Law
Expert:  Legal Ease replied 6 months ago.

I am sorry to hear of this difficult situation.

The neighbour is responsible for the neighbour's tree.

You have the legal right to trim any overhanging branches. But, it is the neighbour who is responsible for protecting you and your property from harm from the tree.

All if you are concerned about the tree you should be putting your neighbour on notice so that the neighbour can and will take all steps possible to ensure that you and your property do not suffer damage. If you do suffer damages your neighbour will be liable to you reimbursing you for any damages you sustain.

Let me know if you need any further clarification.

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