Question:
Is the property owner responsible for trimming branches that encroach on other properties? I called the City and they said the owner where branches encroach is free to trim them as he wishes, but there is no law or by-law that forces the owner where the tree is located to trim another owners properties. Am I missing something?
Answer:
The Owner of the tree has the right, but not the obligation to trim the tree as it encroaches. The Owner requires permission to enter the neighbour’s property. The neighbour also has the right to trim the tree, but cannot remove limbs if that would damage or kill the tree.
The Owner is responsible for any damage done by the tree, including both its branches and roots. If the tree blows over due to a storm, that’s usually considered to be an “Act of God” such that the Owner is not liable for any damage. Nevertheless, the Owner is still responsible for removal of the limbs now sitting on the neighbour’s property at his own expense.
Most municipalities will have by-laws preventing the removal of any tree where the diameter exceeds a certain amount. Then, permission is required along with an obligation to pay for another replacement tree.
Brian Madigan LL.B., Broker