Annoying neighbour?
Question:My neighbour planted 5 trees along our propety line about 8" from it actually. He said he wanted to hide a rock we had installed when we did our landscaping. The trees are about 8" from the front of this rock which is on our property and faces toward his property. My question is. How close to the property line can you legally plant trees in Oshawa,Ontario? Can I trim them if they encroach on my property? I have no problem with the trees if they are maintained because they actually look pretty good there beside this big rock. They accentuate the daylilies we planted on our side of the rock. If any problems arise what is my recourse? Any help would be appreciated.
Answers:
"cuius est solum eius est usque ad coelum et ad inferos"
The preceding Latin phrase translates to "for whoever owns the soil, it is theirs up to the sky and down to the depths." This principle is found in modern Western law. In most areas, you can do whatever you want in, with, or both, to the area above your property, provided that you neither encroach on others' rights nor jeopardize public safety in so doing. True, the tree is his property. However, your action of trimming it would be a consequence of his trespass and, for that reason, he would have no recourse against you. Your are within your rights to trim his tree.
However, on a personal note, I would counsel you raise your concerns with him before you trim the tree. If you don't you will probably anger him, which might lead him to retaliate against you.
"Good fences make good neighbors," do they not?
legally you are entitled to trim any trees that overhang on your property, but dealing with the neihgbor is another problem.
Not 100% sure about Canada, but in the US, if someone's tree grows over or into your property, you can hack what's encroached on your property.
Also, if a neighbor's tree causes damage to another neighbor's property, it's the tree owner's responsibility to repair damage.
as long as its 1inch inside the line its ok
I guess my first question would be what type of trees they are. Remember, what looks "good" now is going to get big, and in cases of Maples, etc. is going to throw leaves on your property as well as his. I think I'd consult the local building inspection department to see if there are any set-back requirements governing the planting ot trees. He really is pretty bone-headed for planting within 8 inches of a property line, because actually, when they mature, you will have more clean-up responsibilities than he will. Hate to say it, but I'd make sure that they never "matured"...trust me, there are ways. Just Google "how do I kill a (pine, maple, oak, whatever) tree?". Copper nails will do the trick, but there are other, less noticeable ways to get it done.
If you know where your property line is you are ok. If his trees come over into your yard, what is in your yard is yours. Tell him he better learn to love it...My neighbors wouldnt prune their trees, and they started growing through the fence, and hindered me from cutting the grass. So I cut the parts sticking through the fence off...just enough to get them out of my way. But thats how it works, if it is in your yard, it is yours and he cant do crap about it...if he does and he comes in your yard..hee hee.... the possibilites are endless....
If they look good, then take advantage and plant other things around the line to make it look better. If you get tired of them being on your property then chop your half of the tree down. However, that will probably make even the view from your own backyard look pretty stupid.
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