If that is unproductive you will need to sue the neighbour to recover damages. If the tree grew solely on your property, then the neighbour would have committed trespass to come onto your property and remove the tree. Trespass alone will be enough to trigger a legal claim.
Does Canada have tree law?
The Civil Code of Quebec, a law that applies across the province, does not have rules on what kinds of trees you can plant. But you are still generally responsible for your trees and any damage they cause.
Is cutting down a tree criminal damage?
“If a neighbour enters your garden and purposefully cuts down your trees, they could be liable for damages and trespass if they do this without permission. “Depending on the circumstances, their actions could also amount to criminal damage.”
Who is liable when a tree falls on a neighbor’s property in Canada?
You will be responsible for damages if the fallen tree on your property has been neglected. On the other hand, if the tree is healthy and falls due to wind or anything weather-related, they will likely have to file a claim through their insurer.
Can I cut a tree on my property Canada?
If a tree is jointly owned, both parties are responsible for the tree and neither owner may cut or remove it without the consent of the other owner. Any encroaching roots or branches on solely owned trees cannot be trimmed without first asking the owner to do so.
Can my Neighbour cut my tree without asking?
Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. If they want you to cut your tree or hedge just because they don’t like the way it looks, it’s up to you whether you do the work.
Is it illegal to cut down trees in Canada?
By law, forest management plans must be approved before harvesting starts. Provincial and territorial governments grant forest companies rights to harvest timber on public land and stipulate the responsibilities tied to those rights.
What is the violation of cutting trees?
SEC. 4. Any person who shall cut, destroy or injure trees, flowering plants and shrubs or plants of scenic value mentioned in the preceding sections of this Act, shall be punished by prison correctional in its minimum period to prison mayor in its minimum period.
What is the punishment to cut a tree?
Yes, according to Indian Forest Act, the penalty for cutting down a tree is Rs. 10,000 or 3 months imprisonment. This punishment may extend up to one year under various state acts.
Can I charge my Neighbour to cut his trees?
What legal position do I have? You cannot force your neighbour to remove overhanging branches or fallen leaves on your property. However if these cause excessive damage, you can sue them for the cost of repair.
What happens if a Neighbours tree damages your property?
If your neighbour’s tree falls on your house, your own house and property insurance should cover you, similarly if your tree is blown onto your neighbour’s property their home insurance should cover him.
Who is liable for damage caused by trees?
If a tree causes damage, the owner may be liable. However, your chance of making a claim would usually depend on demonstrating that the owner had been negligent; if the tree was obviously unsafe through disease or damage, for example.
Can my Neighbour cut my tree without asking Ontario?
The Ontario Forestry Act defines what a Boundary Tree is and dictates the law that you cannot cut a Boundary Tree down without the consent of both parties (even if you have a permit from the City).
Can a tree be cut down without permission?
If you own your home, one does not need permission to cut down a tree that is solely in your garden, unless it has been designated as needing preservation through the Tree Preservation Order or Conservation Area.
Who is responsible for cutting overhanging tree branches in Canada?
Whoever owns the tree is responsible for maintenance of the tree. Therefore, if the tree is on the boundary and has two owners, both neighbours must agree to the maintenance of the tree.
Can I cut down trees on my own land?
Procedure to follow when felling trees
The Forestry Act 2014 (replaced the 1946 Act) contains the main provisions for the felling of trees. Under this act it is an offence for any person to uproot or cut down any tree unless the owner has obtained permission in the form of a felling licence from the Forest Service.
Can you throw a neighbor tree branches over the fence?
Ironically, even though the branches belong to your neighbour, you cannot simply throw them back over his fence. That could be deemed to be fly tipping of garden waste. Advise your neighbour that you intend to burn them or take them to a recycling centre.
Who pays to cut overhanging trees?
its your responsibility to take care of your trees and make sure they don’t cause a nuisance to neighboring properties , your neighbor should have approached you to take care of the offending branches it was then up to you to deal with them, if he took it upon himself to get them cut without first approaching you that
How can I stop my Neighbour from cutting down trees?
Ideally, neighbourly disputes with regards to cutting down trees would be resolved out of court to avoid shelling out substantial legal costs and still maintain an amicable relationship with your neighbour. To do so, you may decide to arrange a meeting between yourselves or with a mediator to resolve the situation.
Are private property rights enforced in Canada?
By statute, governments can regulate property, but at the same time they must also protect property owners. Property rights were recognized in the 1960 Canadian Bill of Rights, although this document is a mere statute, not a part of the Constitution and applies only to the federal government.
What is a timber claim in Canada?
Each is a legally binding contract that provides the contract holder with specific rights to use public forests over a specific period of time, in exchange for meeting government objectives, including forest management obligations and the payment of fees including stumpage.