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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100483
Experience:  Lawyer
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I live in Montreal, Quebec (Le Plateau area). We have a

Customer Question

Hello. I live in Montreal, Quebec (Le Plateau area). We have a large tree on our property...there is an alley way between us and the new neighbors (for which we are owners and they have the 'right of passage' only). The new neighbors are complaining of the leaves falling on their ground and say we have to cut the branches that lead to this. Is this true? I looked up some information and am under the impression that only if the tree is damaging their home or terrain would I have to actually cut it. Your help much appreciated.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Montreal, Quebec, Canada
JA: Has anything been filed or reported?
Customer: No. They are a little bit annoyed with us because we would not rent our garage to them or sell it to them. It's been a sore spot ever since. They now even park blocking entrance to the driveway. I just want to be prepared.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, thank you.
Submitted: 10 months ago.
Category: Canada Law
Expert:  Debra replied 10 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 10 months ago.

You do not have to cut down the branches unless they get a court order.

It is not likely they will succeed in getting the order. They would have to show that these leaves are substantially interfering with the use or enjoyment of their home and that is not likely.

As well, you should know that they cannot park on your alley way and they cannot park blocking it off.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 10 months ago.

Is there anything more I can help you with at this point in time?

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