Are you wondering what to do if a neighbour’s tree is affecting your property in BC? And just who is responsible for a tree falling on the house next to it?

Disputes between neighbours are surely nothing new and often end up in court as bitter and acrimonious showdowns that rival even the most heated divorces or splits between business partners. 

Far from the idyllic world of neighbourly bliss touted by the likes of Mr. Rogers, communities all over the world often become battlegrounds between homeowners who come into conflict over unkempt lawns or unruly trees and bushes.

Disputes between neighbours can be bred by both proximity and personality, where the pride of holding a piece of private property breeds contempt for anyone who would sully their prized piece of land. 

If you need a Vancouver lawyer, we suggest this one. If you want to speak to a Realtor, you can reach out to this Realtor.

Laws Governing the Removal and Maintenance of Trees

Whether it’s an overgrown tree with branches overreaching a fenced boundary or an out-of-control growth of destructive bamboo, the potential for property damage places specific legal obligations on owners and occupiers of residential properties.

The laws of trespass and more often than not come into play when a tree from a neighbour’s yard falls and damages your property. 

If a dispute arises between you and a neighbour over a tree that overhangs a fence separating your homes, it will firstly raise the question of who actually owns the tree and who is responsible for its upkeep and maintenance.

The tree itself could straddle both properties, for example. In those cases, the warring neighbours are joint owners of the tree. But it may not be so easy to determine that unless the tree’s roots and trunk are completely situated on one lot.

As well, the property line or boundary might not be properly denoted even if two homes are separated by a hedge or fence. To find out the exact location of the property line, it may be necessary to hire a land surveying company if there’s any disagreement about where your property ends and your neighbours begin. 

Update from the City of Vancouver:

“Hello, In the article about trees and neighbours properties trees and disputes mention removal sizes in the city of Vancouver as 30 cm DBH. This DBH size is incorrect as the interim tree bylaw change was revoked on June 21st, 2022.

The correct DBH size should be amended in the story to 20 cm DBH. Also, there are many protected or replacement trees that are under 20 cm DBH and are to be retained as they were part of a development permit or a replacement for a tree removed.” -City of Vancouver

Border Trees vs. Boundary Trees BC

There’s also a difference between a so-called “border tree” and a “boundary tree.” A border tree can be near a property line, but as long as the roots and trunk of the tree are clearly visible on one side, ownership and responsibility for maintenance fall to the owner of that property.

However, a boundary tree involves a growth that straddles a property line, leaving both property owners jointly responsible for it. If that’s the case, each property owner or occupier must seek the other’s consent before trimming it or hiring an arborist to deal with overgrowth or unruly roots. 

Determining the ownership of a tree that’s in dispute may be difficult, but it’s not the only consideration that factors in when a problem arises. City bylaws might require you to get a permit to remove a tree depending on its size and location.

For example, the City of Vancouver’s Protection of Trees Bylaw requires property owners to apply for a removal permit if the tree is 20 centimetres in diameter or more when measured above 1.4 meters.

20-centimetre diameter or width

A tree with a 20-centimetre diameter or width, according to the city, will measure about 64 centimetres around the circumference of its trunk. Smaller trees don’t require a removal permit from the city, but the law also requires that permits be posted visibly and prominently during the tree removal work. 

Other cities deal with tree management differently, such as the Vancouver suburb of Coquitlam’s Tree Management Bylaw. 

While the city of Coquitlam doesn’t have regulations about simply trimming a tree on private property, it urges property owners to consult an arborist certified by the International Society of Arboriculture if there are any safety concerns about falling branches or the potential for a windstorm to topple a nearby tree. 

The city’s website, though, states that the height of a tree doesn’t necessarily make it dangerous and any risks a tall tree might pose must be determined by a qualified professional. The City of Coquitlam doesn’t assess the danger of trees on private property and doesn’t do municipal tree management work on private property either.  

Tree trimming disputes between neighbours in BC

The city explicitly states that it won’t get involved in tree-trimming disputes between neighbours. It urges people to talk it out among themselves if they’re planning any tree removal or trimming work.

The City of Coquitlam also reminds people that they can’t enter onto or trespass on a neighbour’s property, which includes reaching over a fence to trim a branch while standing in your own yard. 

It’s also incumbent upon property owners to clean up and dispose of any debris tree trimming or removal work may generate. Improper trimming work, meanwhile, could also get you into trouble if the tree becomes unsafe, resulting in either a fine issued by the city government or even possible lawsuits launched by your neighbours over any damage to their property it may cause. 

When a tree is affecting you

But if you can’t make a deal and agree with your neighbour about how to deal with a problem tree on your property or theirs, the city (and ClearWay) urges people to talk to a lawyer.

While it may seem like overkill to get legal advice about trimming a tree, knowing about your legal rights and obligations before firing up a chainsaw and renting a woodchipper could save you time and money.

There’s little down that the right legal advice could help avoid needless conflict that could escalate into a lengthy courtroom battle over something as trivial as a few errant tree branches. 

Lawsuits and Legal Precedents Over Trees

In general, the law of nuisance in Canada applies in cases where trees have fallen from an adjacent property onto another owner’s land. The major precedent in nuisance cases is Rylands v. Fletcher, a precedent set more than a hundred years ago in England.

In that case, throughout various appeals that made it all the way up to the highest court, it was held that property owners that bring dangerous or hazardous materials onto their lands are liable if those materials escape or leak onto neighbouring properties. 

The precedent-setting development, though, was the presence or absence of negligence in property damage or nuisance cases. Rylands had owned a mill and hired professionals to build a reservoir to serve the mill facility.

British Columbia Tree Disputes

Fletcher owned a mine next to the mill that was flooded when the reservoir burst, and it landed the two landowners in court over who should pay for the damage caused by the flood. 

Rylands was eventually found liable for the damage to Fletcher’s mine even though he had hired professionals to build the reservoir and had done everything to make sure it didn’t pose a threat to his neighbour’s property. Caution and care didn’t matter since he was found to have brought the water onto his land at his own “peril.” 

The decision in Rylands v. Fletcher still comes into play to this day in cases involving nuisance and property damage. Rather than bursting reservoirs at a milling operation, the precedent involves potentially dangerous materials, whether they be chemicals or decaying tree branches, negatively impacting nearby properties. 

Claiming both negligence and nuisance

Numerous cases involving falling trees and property damage have made their way through Canadian courts over the years. In 1978, for example, the case of Bottoni et al. v. Henderson et al. involved a tree falling on a roof during a windstorm. 

The parties lived next to each other. An Eastern White pine tree more than 50 years old had snapped at 35 feet off the ground and the top fell on the plaintiffs’ home, causing “substantial damage.” But the case was only about the damage to the contents of the home and the inconvenience of cleaning up the fallen tree. 

Claiming both negligence and nuisance, the plaintiffs claimed damages for clean-up costs and the expense of finding a new place to live while the home was repaired.

What set this case apart from other nuisance actions where Rylands v. Fletcher would apply, the court found that the tree hadn’t been brought onto the property by the defendants. It was there when they moved in, and the plaintiffs had even made use of the shade from the tree and hung a swing for their kids on its overhanging branches. 

Neighbours tree and an act of God

The judge also found that the tree breaking off during a windstorm was not “caused by an Act of God,” but rather by “advanced internal decay” and the presence of an ant colony near the break-off point. But there was nothing to indicate the tree was dangerous, the court found.

Despite the clarity in law that overhanging tree branches can indeed be a nuisance, it wasn’t the branches that caused the property damage “but the rot in the tree itself.” 

Rylands v. Fletcher, the court found, wasn’t applicable because the tree had been “naturally there” before the defendants moved in, and a tree growing on a property is a “natural use” of the land. Therefore, the judge found, that the defendants weren’t liable for both nuisance and negligence. 

What to do if a tree is affecting you

If a tree falls on your house and causes damage, you’ll want to fix it quickly and hold your neighbour accountable if the tree was on their property and a knowable risk to yours. If they failed to properly maintain it and allowed it to rot to the point of becoming dangerous, it’s likely a court will find in your favour. 

But taking your neighbour to court is far from ideal. Knowing your responsibilities and potential for liability when it comes to trees on your property is obviously important, especially if bad weather is on the horizon.

As most cities will tell you, trees on private property aren’t their responsibility and city governments won’t get involved in civil disputes between neighbours over errant tree branches. 

If you’re dealing with a dispute with your neighbours though and talking to them isn’t working, consulting a lawyer isn’t a bad idea. ClearWay can help you find a legal professional who can walk you through your legal rights and options.

The inconvenience of going through the court process over a fallen tree may seem like overkill, but you wouldn’t be the first to deal with a bad neighbour in court and most certainly won’t be the last.

We hope you found this article on what to do if a tree is affecting you in British Columbia helpful.