How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Debra Your Own Question
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99975
Experience:  Lawyer
Type Your Canada Law Question Here...
Debra is online now
A new question is answered every 9 seconds

Your branch encroachment post is the answer I'm looking for,

Customer Question

Your branch encroachment post is the answer I'm looking for, I have neighbouring trees whose branches are hitting my house and I want to prune them back to the property line, without going over. BUT, what if the neighbour is a municipality or city?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
The city has an obligation to maintain their trees, so contact the city and ask them to come and prune the trees so that they are not overhanging your property any longer.
Customer: replied 2 years ago.
That isn't going to happen. Not in the budget. I'm assuming common law would apply here, and supersede their tree cutting bylaw (which includes permits, and more expensively BONDS to the City), as their tree, not unlike a private neighbour tree, is encroaching/trespassing on my property with branches hitting my house, so I should be okay to have an Arborist prune back the tree to my property line, without going past it, but I'm not a lawyer :)
Customer: replied 2 years ago.
In Anderson v Skender 1993 BCJ 1769, the British Columbia Court of Appeal wrote:
"...border trees ... do not trespass. It is those who cut them who may in so doing trespass on the land, or air space, of their neighbours. Insofar as branches ... extend across the boundary line into a neighbour’s property, that neighbour may ... have a remedy in nuisance, and this may …include a right to self-help, but it will not generally include a right to enter the other’s property nor to cut any part of the tree which is on the other’s side of the property line."But in my circumstance, the neighbour is the city.
Expert:  Debra replied 2 years ago.
You have the right to trim the trees because they are overhanging. There is not really any doubt about that. But regardless of the budget of the city they also an obligation to ensure they are not causing a nuisance but if you don't mind paying for it that is fine of course.

Related Canada Law Questions