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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101369
Experience:  Lawyer
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I have a question regarding a tree (fruit bearing) growing

Customer Question

I have a question regarding a tree (fruit bearing) growing on my property - it drops fruit onto my neighbours law. I think she expects me to pick it up from her property - I do not want to enter her property without her permission nor do I want to get involved in any way in being responsible for what happens on her property. I am happy for her to prune the tree on her side and willing to share costs of actually cutting it down if that's required but I don't want to be manipulated into doing her yard work for her! She bought the house knowing the tree was there (it is not new, its about 20 years old I guess)
Could you please give me a legal view on this
I intend to go to mediation to knock this issue on the head but as you know they do not give legal advice, only look for solutions
Also the City of Calgary does not have bylaws relating to trees on private property unless the trees are encroaching onto public property for which the city is responsible.
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
Please could you let me have your urgent response
Expert:  Debra replied 1 year ago.

The law is that you are responsible if yourvtree causes damage or disturbs her or her property.

That is not to say that you are required to go into her property and remove the fruit but a court could require you to prune the side of the tree that overhangs her property so that this does not continue.

This is considered to be a nuisance which is a tort. In other words it is a civil wrongdoing. It has nothing to do with committing an offence but she could sue you successfully if she had to pay someone to clean up the fruit or if she had to repair any damages that the tree could have caused.

She is not responsible for trimming the tree though she is permitted to do so. But you are responsible for doing it. She is also not responsible for having to pay to cut the tree down. That would be your responsibility.

I'm sorry that is not the answer you were hoping for.