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My property borders at the back on a row of townhomes (their…

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Hello! My property...

Hello! My property borders at the back on a row of townhomes (their parking lot). The townhomes' condo corporation hires a property management company for maintenance. That company has stopped trimming the height of the overgrown cedar hedge (if it can be called that anymore) that is on condo property at the edge of my property. The hedge is so tall that I cannot safely trim it back to a reasonable height (neither could hedge trimming companies) and equipment (ie: cherry-picker) cannot physically enter my backyard. I have requested (by email, by phone and in person) several times over the last 6 years that the property management conpany deal with the hedge but they either put it off or ignore me completely. There are no regulations in Ottawa's city bylaws about hedge heights (not considered a "fence") and this would be considered a Civil matter. What can I do to get them to trim the hedge? I can trim some of the branches that overhang on my side of the chain link fence (which is being damaged by the overgrown, crooked trees) but can only reach about half-day to the top. I should also mention that a specialist estimated 10-15% of the cedar trees are dead or dying and that with every winter it gets worse if unkept (and that is just the trees lining my backyard, not the ones along other people's properties. Other neighbours of mine are also displeased with the situation. Any recommendations?

Lawyer's Assistant: Where is the property located?

Orleans (Ottawa), Ontario

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think all is covered

Submitted: 11 days ago.Category: Canada Law
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Answered in 13 hours by:
7/8/2018
Lawyer: Debra, Lawyer replied 10 days ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,526
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 10 days ago

I am sorry to hear of this difficult situation.

I suggest that you retain a lawyer to send them a letter. The letter will demand that they completely trim back their hedge so that nothing overhangs your property and threaten a lawsuit for an order requiring them to do so, for damages, and for your costs.

I also suggest you tell your neighbour to do the same. The threat of two lawsuits will not make them happy and presumably the board of the condo will get legal advice and realize they better do exactly what you are asking.

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.

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Lawyer: Debra, Lawyer replied 9 days ago

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

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Customer reply replied 8 days ago
actually Debra, I do have a follow-up question:
In what I have stated in my initial message, what would my key points be, that should be included in such "lawsuit threat" letter? Meaning, what are the strongest arguments? Decrease in property value because of the cedars are an eyesore? Damage to existing fence? Potential for dead branches or dead trees falling?Thanks again for your advice.
E
Lawyer: Debra, Lawyer replied 8 days ago

All of what you listed can be mentioned but the bot***** *****ne is that your neighbour is not allowed to encroach on your property no matter what it does for you.

However, the fact that there is damages means that the neighbour will owe you more and this is important to bring up.

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