When Your Tree Damages a Neighbour's Property

By: albertaarb - February 29, 2016

tree damage

Do you have a tree (or perhaps more than one) that hangs over onto your neighbour's property? It's not an uncommon occurrence. However, it is a situation that can become out of control and cause a rift between you and your neighbour. Your tree could cause damage to your neighbour's property. Read on to learn how to handle this problem.

How Can Your Tree Damage Someone Else's Property?

Trees are lovely to look at. Fruit-bearing trees provide beauty as well as tasty food. Sometimes, nature's splendor can grow out of control.

There are a number of ways in which trees can cause damage to your neighbour's property. A dramatic example is that of a rotting tree falling during a storm and destroying part of your neighbour's home. Something more common and less extraordinary is when your tree's roots interfere with your neighbour's septic tank.

Who's Responsible for the Damage?

Let's say your tree's branches are so long that they're starting to damage your neighbour's roof. "Well, it's his roof," you might say. "He should be responsible for his own property."

You'd be wrong, and your neighbour would have every right to sue you for the cost of repairing his roof. Even if the tree's branches are over the property line, the roots and the trunk are still on your side. And that means that you're responsible for any damage they cause.

Your Neighbour's Rights

Should your tree cause serious damage to your neighbour's property (such as with the example of the rotting tree), he or she has the legal right to sue you for compensation. And if his or her lawyer can prove that your negligence in maintaining the tree led to the incident, you'll have to pay quite a bit of money.

Your neighbour also has the right to cut down a branch from your tree hanging into his or her yard if there's a risk of danger to the individual or to the property. He or she can only cut that branch, and your neighbour can't go onto your side of the fence in order to do the trimming.

 Alberta Arborists: Your Tree Maintenance Experts

Is there a tree on your property which might cause damage to your neighbour's home, family or belongings? Contact Alberta Arborists today. At Alberta Arborists, we have helped countless people get rid of trees safely and efficiently, and we can help you, too. Our highly experienced arborists are trained to deal with any tree removal in any location and can ensure no damage is done to your property.

Click here to contact us or call the number at the top of the page for a free, no-obligation estimate of your job.

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