Can I cut my neighbour's tree branches over my property in BC?

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Accepted Answer

Yes, back to the property line, at your own cost and from your own land, without harming the tree; a tree whose trunk crosses the line belongs to both owners. No BC statute sets rules for trees between neighbours, so the common law decides, as courts and the Civil Resolution Tribunal apply it. Who owns a tree turns on where its trunk stands, and a council's tree bylaw can still limit what either owner may cut. Look up the address or PID on PlaceDossier to see the record for that lot. Who owns it: A tree whose trunk and visible roots stand wholly on one lot belongs to that lot's owner, who looks after it, its branches over the line included, even when it grows close to the line. A tree whose trunk or visible roots cross the line belongs to both owners, and neither should cut or remove it without the other's agreement (People's Law School). A fence or hedge doesn't always mark the line: a survey does (see property lines). Branches and roots over the line: You can ask the owner to cut them back. If they won't, you may cut branches and roots back to the property line yourself, at your own cost, and clear up what falls on your side, without asking first. You may not go onto the neighbour's land without their permission, cut past the line, or do more damage to the tree than you need to; cutting past the line is trespass, and killing or damaging the tree can bring a claim or a bylaw fine (People's Law School). A council's tree bylaw: Where a council protects trees by bylaw, cutting or damaging a protected tree can take its permit even when the tree is a neighbour's and you cut only the part on your side (our reading; ask the council). See cutting trees for whose tree rules apply where. When a tree falls: The owner isn't responsible for damage from a tree that falls unless it was caused on purpose or through negligence, such as ignoring a warning that the tree was dead, diseased or likely to fall (People's Law School). Telling the owner in writing about a tree you think is dangerous, and keeping a copy, is the usual first step (our reading). Your own insurer is the one to ask about the damage itself. Views, shade and leaves: There's no right to a view or to sun over a neighbour's land: an owner doesn't have to cut down or top a healthy tree that blocks either (People's Law School), unless a registered covenant on the title says otherwise (see covenants). Branches or roots that unreasonably interfere with using your land can be a nuisance, which is what a claim about them rests on. If you can't agree: Talk first, then put it in writing, then try mediation. The Civil Resolution Tribunal decides most small claims up to $5,000, and has heard claims about neighbours' trees; larger claims go to Small Claims Court, up to $35,000, or the Supreme Court (People's Law School; the Tribunal's small claims page). A strata lot's trees on common property are the strata corporation's, under its bylaws (see a strata home's papers). What it means for a buyer: Big trees near the line, yours or the neighbour's, are worth a look before you buy: who owns them, whether any lean over the house or the septic field, and whether a dispute has started. A tree that needs work is a cost you may share, or bear alone if it's yours (our reading).

Can I cut my neighbour's tree branches over my property in BC?

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