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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I have a walnut tree on my property. My neighbour wants me

Customer Question

I have a walnut tree on my property. My neighbour wants me to cut it down because she wants to build a patio thing under it. The walnuts will fall on her property. The tree has been there long before the neighbour moved in. I have no objection for her to cut overhanging limbs. In the past I have accommodated her by cutting limbs which she wanted removed. Do I bear any liability for walnuts?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Yes you would bear liability for the walnuts.

You have to ensure that your tree does not harm your neighbour or your neighbour's property in any way.

So if the walnuts are a nuisance to her you would be liable to her.

This doesn't mean you have to cut down your tree. It just means you have to be sure that there are no walnuts or branches causing a nuisance.

Does that help?

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