Nasty Neighbours

I could probably write a few dozen columns about the disputes between neighbours that have escalated to legal action.  Most of them occur because one or both neighbours are not aware of their rights or obligations as property owners.

One of the classic cases is overhanging tree branches.  For example, your neighbour has a massive maple tree and it overhangs substantially onto your property.  You do not like all the shade that is created and you wish you could cut down the tree.

Don't cut the tree down!  The only way to do so is to go on to your neighbour's property.  In doing so, you would have committed a trespass.

On the other hand, you can cut down anything that hangs over on your property.  That means you can take a chainsaw and cut off any part of the tree that extends into your space.  Just don't put the ladder in his yard to do it.

You may have to turn the wood over to your neighbour, if he demands it.  After all, the wood is part of his tree, and if he wants it for firewood or anything else, he has the right to have it.

It also means you can cut any roots that extend into your soil.  So, if you are digging a garden and are obstructed by roots from your neighbour's tree, feel free to chop away at the roots that are in your soil.

If the tree dies from your cutting the parts that extend onto your property, that is probably tough luck for your neighbour.  Of course, there are the occasional spiteful neighbours that will make a point of doing just that and try to kill anything you have near the line by cutting all the roots.

Another situation occurs where the tree is in your yard and a large branch from your tree falls on to your neighbour's yard, garage, car etc..  The cause of the damage to your neighbour's car came from your property, so you will be responsible for the damages.  If that situation ever occurs, contact your house insurance company immediately, as you may be covered for this type of accident.

The best way to deal with a problem tree is to try to communicate amicably with your neighbour and come to some compromise.  Unfortunately, that is not always possible, and the chainsaw or axe will have to solve the problem.  It's not a bad idea to consult with your lawyer before you start cutting.  The last thing you want to do is start cutting where you have no right to do so.  (For example, there may be environmental controls that prevent you from cutting down the tree at all!)