Tree Disputes in BC: Roots, Overhanging Branches and Cutting a Neighbour's Tree

Trees are one of the most common causes of friction between BC neighbours. A tree that one owner values for shade and privacy can be, for the owner next door, a source of falling debris, blocked light or roots lifting a driveway.

Because trees are protected by municipal bylaws as well as private law, a quick fix with a saw can create a much bigger problem. This article explains the usual starting points and the steps to take before anyone cuts or sues.

Start with two questions: whose tree, and which bylaw?

A tree generally belongs to the owner of the land where its trunk stands. A tree whose trunk straddles the property line is usually treated as shared, and neither owner should remove it without the other's agreement.

The second question is which municipal bylaw applies. Many BC municipalities regulate cutting trees on private land, and the rules differ from one city to the next. In Vancouver, for example, the Protection of Trees By-law No. 9958 requires a permit to remove a tree on private property that is at least 20 centimetres in diameter, measured 1.4 metres above the ground. The City grants removal permits only in listed cases, such as where an arborist certifies a tree is dead, dying or hazardous, or a plumber certifies its roots are blocking sewer or drainage lines. It asks for written consent from the neighbouring owner where a tree straddles the property line, and usually requires a replacement tree when a tree of that size is removed. Check your own municipality's rules before you do anything.

Overhanging branches

If branches from a neighbour's tree hang over your property, you can generally trim them back to the property line. That self-help right has limits:

• Stay on your side. You generally cannot enter your neighbour's land, or lean equipment on their tree or fence, without permission.
• Do not go past the line. Cutting beyond the property line can be trespass, and BC courts have awarded damages, including the cost of replacement plantings, against owners who cut a neighbour's trees or hedge without permission.
• Check the bylaw first. Rules vary by municipality, so confirm what your local bylaw allows before you cut a large limb.
• Talk first. A conversation, or a short letter, often resolves the issue and keeps the relationship intact.

Roots and damage to your property

Roots that crack foundations, lift driveways or block drains raise the question of whether the tree's owner is responsible. A claim of this kind is usually framed in nuisance, which protects against substantial and unreasonable interference with the use of your land.

Whether the owner is liable depends on the facts: how much damage there is, whether the owner knew or should have known about the risk, and what was done once the problem was raised. Evidence matters. An arborist's report, a contractor's assessment of the damage and photographs over time are often central. Written notice to the owner also helps, because it shows they knew.

When a neighbour cuts down or damages your tree

If someone removes or badly damages a tree on your land without permission, that can be trespass, and the person responsible may be liable for the loss. Mature trees can be expensive to replace, so these claims are often larger than people expect, and courts have awarded punitive damages where the cutting was deliberate. Removing a tree without a permit the bylaw requires can also lead to municipal enforcement.

If this has happened, take dated photographs of the stump and the area, keep any cut wood, find out who did the work, and get an arborist's opinion on what was lost. Report the removal to your municipality if a permit may have been required.

Views and light

Many disputes are really about a view. A view on its own is rarely protected by the general law, so these disputes usually turn on whether a restrictive covenant or building scheme is registered on title, or whether a municipal rule applies to the area. A title search can show whether a covenant exists.

Steps to take before you act

Whatever the problem, a few early steps protect your position:

• Confirm where the line is. If it is not obvious whose tree it is, a survey or the posts from an earlier survey can settle it.
• Read the bylaw. Find out whether a permit is needed for the work you have in mind, and who must apply.
• Document the problem. Take dated photographs and keep repair quotes, invoices and any arborist's report.
• Put it in writing. A polite letter describing the problem and proposing a solution creates a record and often prompts a response.
• Check your insurance. Some home insurance policies respond to certain kinds of tree damage, so tell your insurer early.

Choosing how to resolve it

Most tree disputes are easier to settle early: a conversation, a shared arborist's report or a written agreement about pruning and cost. If that fails, the right forum depends on the amount at stake and the remedy you need. Our overview of neighbour disputes in BC explains the options and the time limits to watch. If the dispute is part of a sale or purchase, raise it early with the lawyer handling the deal.

In a tree dispute with a neighbour? Get advice before anyone picks up a saw

Our litigation lawyers can review the facts, the bylaw and the evidence, write to the other owner, and advise you on the forum and remedy that fit the dispute.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.