Hello, I had an Arbourist quote on removing a large dead tree…

Hi There

You are not responsible for the sidewalk

In all cities, there is a city owned portion of pretty much all residential lots and it is measured from the center of the roadway. The distance from there varies in areas.

It is generally up to the portion of the property at which the city services come to the property, often judged by the point at which the water shut off valve is placed

Sometimes this is in the form of an easement in some jurisdictions as opposed to assumed municipal property

The common community services running through any portion of your lot, including the sidewalk, is maintained by the city

There can be bylaws requiring property owners to shovel snow from the walk in winters, however this would not extend to repair a broken sidewalk

The snow removal bylaws are public safety concerns over which the city can regulate property owners.

As for the tree, you are on the right path. dependent upon how old the property is, it may be difficult to determine if the tree was planted by the city when the neighbourhood was established

If you could confirm this, then it is clearly their responsibility

If in fact a previous owner planted the tree, even on the boulevard, you could very well be found to be responsible for it, having purchased the property, inclusive of the tree

From what you describe, the bylaw seems to, as many do, require you to maintain the boulevard.

this would be the area between sidewalk and road

without seeing the wording of the actual bylaw, I can't give an interpretation, however most municipalities have standard provisions in their legislation

At the end of the day, unless you can find definitive proof that the city has responsibility for the tree, either by showing it was planted by the city, showing they regularly maintain it by trimming etc, or show that through their actions they have caused it to die, then you'll have an uphill and lengthy battle against them

There is always a difference between what they "have to" do and what they should do.

Since they have the equipment to easily take care of this tree, they should deal with it.

It doesn't matter where the property line is if a prior owner put the tree in and you took ownership of the property, the responsibility for maintaining the frontage still falls on you, the new owner, with regard to the frontage as purchased

You should certainly be entitled to see the plans for the development, the lot and for the final placement of any trees etc

If they contend that it was not put there by the city, they should have no problem showing you this

otherwise, you have a good argument

particularly if its consistent with others in the same neighbourhood

Like most municipal governments however, I don't expect this to be easy

but it sounds like you're well armed and prepared to fight

So you've called your city council member?

have you contacted your local member of provincial parliament

Also, if it's a dead tree, it becomes a public safety concern, as it could fall on a car, child, etc

Since they have the equipment and manpower to deal with it, they should

If you have made them aware of it, being on city property, despite the bylaw, they would still be liable in a civil suit were something to happen and they knew of the risks and took no action

This may be an angle you could use

If a limb fell off and hit someone, who would be better to sue, a homeowner or a city

If they are contending that it was planted without a permit, it is clear this was done long ago and they ought to have been aware, yet took no action, therefore, it is their responsibility to remove the offending tree and pursue the person who planted it if they wish reimbursement

This tree has been there to see for many years. They must have been aware long ago that it was planted in contravention

yet they took no action

all valid arguments