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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101043
Experience:  Lawyer
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What are the laws regarding Tree Root encroachment damaging a fence Grove, Albe

Customer Question

What are the laws regarding Tree Root encroachment damaging a fence for Spruce Grove, Alberta, Canada?
My neighbour refuses to cut down tree which the trunk and the roots have grown into the post and are pushing the fence over.
Neighbour will refuse to replace the damaged fence we share.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
The neighbour is liable to you for any damages his/her tree causes you. I suggest you or a lawyer send the neighbour a letter demanding that the roots be removed and the damages be repaired and threatening to sue. If you sue it can be in Small Claims Court and you can self-represent. If it gets that far and you find you need some help as you go through the process you can always post on this site again and I can assist you further.
Customer: replied 2 years ago.
In the city of Spruce Grove, both property owners are responsible for the property boundary fence. The fence can not be replaced without the tree being cut down as the trunk of the tree has grown into the side of a fence post and pushed the fence out of position. How can I ensure the tree gets removed? At this point in time, the fence can be salvaged if the tree was removed.
Expert:  Debra replied 2 years ago.
You would have to get a court order requiring him to remove the tree if he won't agree to do so.