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D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2755
Experience:  Cross-Border (US/Canada) Lawyer
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I have had a neighbor trespass on my property in Lions Bay

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I have had a neighbor trespass on my property in Lions Bay Canada to top trees to improve her view for selling. She cut the trees 28 linear feet, about 50 top branches down my 4 feet, against my instructions and without my permission. This also involved the cutting of trees on the Provinces territory without a permit. I want to sue her, but I don't know if I should take her to small claims or civil court. What would you suggest?

You could not do anything with respect to the Provincial land aside from reporting the matter (it would be up for the Province to pursue that). As far as your own land goes, you would need to ascertain the value of the trees that were 'topped' as this would form the bulk of your financial claim (and can also determine whether you're within Small Claims or Superior Court).

If your claim ultimately is below the Small Claims threshold ($25,000), then you can proceed with that process on your own (you can retain counsel if you want assistance putting the legal case together but are not, strictly speaking, required to do so in Small Claims). For information on B.C.'s Small Claims Courts, see: LINK.

The Police would not be involved since it would not fall under a 'criminal' trespass scenario but a civil trespass.

Regards XXXXX XXXXX wishes.

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