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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99985
Experience:  Lawyer
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Bylaws on Trees, neighbours tree is overhanging in my yard, leaves

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Bylaws on Trees, neighbours tree is overhanging in my yard,
leaves pine needs and pine cones and sap all over. I have asked them to please
cut the tree back and they will not stated that it is a tree that the father had planted and sentimental. Also if I have the tree cut back my self and a branch dies they will sue.
what can I do.
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

I am sorry to hear this.

You can send a letter to the neighbour giving the neighbour a deadline for trimming all the branches so that they do not overhang your property.

You can tell them that they are committing the tort of nuisance and that you will hold them liable for any damages from here in on.

You can tell them if they fail to comply you will trim back the tree so that it doesn't over hang and then will sue them for a full reimbursement of all costs you incur.

You can sue then in Small Claims Court if necessary and self-represent.

Let me know if you need any further clarification.
Debra and other Canada Law Specialists are ready to help you