If you're dealing with a neighbor’s tree encroaching on your property, you’ve probably asked yourself, “Can I legally trim those overhanging branches?” It’s a common situation in Calgary, and understanding your rights is essential to avoid conflicts or potential legal issues. Let’s explore the legal framework and municipal bylaws in Calgary to help you navigate this tricky situation while staying on the right side of the law.
Your Right to Trim Overhanging Branches
In Calgary, you have the right to trim branches that overhang onto your property, as long as you don’t cause significant damage to the tree or cross onto your neighbor's land to do so. This right is rooted in common law, which allows you to protect your property from encroaching trees. However, there are important considerations to keep in mind to avoid disputes and potential legal consequences.
At Evergreen LTD, we frequently help homeowners manage these situations by providing professional tree trimming services that respect both legal boundaries and tree health.
Common Law: What You Can and Cannot Do
Under common law, you can trim the parts of a tree that extend onto your property, such as branches or roots. This gives you some control over your own space. However, there are limitations:
You cannot enter your neighbor’s property without their permission to trim or remove branches.
You must not harm the tree. Any damage that impacts the tree’s health, such as causing it to die, could make you liable for damages.
Calgary property law is influenced by past cases, such as Lemmon v. Webb (1894), which established that while you can trim overhanging branches, you must avoid entering a neighbor’s property or damaging the tree beyond what’s necessary.
Calgary's Municipal Bylaws on Tree Trimming
While common law provides a baseline for tree trimming rights, Calgary’s municipal bylaws add another layer of regulation. In Calgary, you can generally trim overhanging branches from private trees without a permit, as long as the trimming doesn’t damage the tree.
However, if the tree belongs to the city (for example, located on a boulevard or in a park), cutting or pruning without permission is prohibited. Trimming public trees without approval can result in fines, so it’s important to verify whether the tree is on public land before taking any action. For private trees, though, as long as the trimming is reasonable and doesn’t harm the tree, you’re within your rights.
Evergreen LTD can help by assessing the tree’s location and health, ensuring that trimming is done in compliance with both municipal bylaws and best practices to protect the tree.
Protecting Yourself from Liability
One major concern for property owners is liability. If your trimming damages a neighbor’s tree, or worse, causes the tree to die, you could be held responsible for the cost of replacing the tree or repairing damage to your neighbor’s property. Under Alberta's Tort law, your neighbor may be entitled to seek damages if your trimming harms the tree.
In Calgary, disputes over tree damage can sometimes be resolved through mediation, but legal action is an option if the damage is significant. If you’re uncertain about how to safely trim overhanging branches without causing harm, it’s always best to consult a professional. At Evergreen LTD, our ISA Certified Arborists provide expert tree trimming that keeps you on the right side of the law and protects the health of the tree.
Can You Trim Roots from a Neighbor's Tree?
While branches are the most visible part of a tree encroaching on your property, roots can also cause issues. Similar to overhanging branches, you have the right to remove roots that extend onto your property, but with the same caution: don’t harm the tree. Cutting too many roots can destabilize the tree, making it vulnerable to wind or disease.
If you suspect that tree roots are damaging your property, it’s crucial to assess the situation carefully. Evergreen LTD can inspect the tree and recommend solutions that maintain both your property’s integrity and the tree’s health.
Resolving Tree Disputes Amicably
To avoid legal disputes or neighborly tension, communication is key. Before trimming any overhanging branches, consider discussing the situation with your neighbor. A simple conversation can prevent misunderstandings and foster goodwill. If you're unsure how to approach the situation or want to ensure the trimming is done safely, Evergreen LTD is here to assist. Our professional tree services ensure that all work is done properly, within the legal framework, and with the health of the tree in mind.
Conclusion
In Calgary, you have the legal right to trim overhanging branches from your neighbor’s tree, but it’s essential to do so carefully to avoid damaging the tree or sparking disputes. Both common law and municipal bylaws support your right to maintain your property, but they also emphasize the importance of not causing harm to the tree.
At Evergreen LTD, our team of ISA Certified Arborists is ready to help with professional tree trimming services that keep you compliant with the law and ensure the long-term health of your trees. Whether you’re dealing with overhanging branches or tree roots that are creeping onto your property, we have the expertise to handle the situation safely and effectively.
Ready to Resolve Your Tree Issues? Contact Evergreen LTD Today!
If you’re facing overhanging branches or need advice on trimming a neighbor’s tree, contact Evergreen LTD for expert help. We’ll provide a consultation and make sure your tree trimming is handled professionally, avoiding any legal complications. Please note that the information provided in this blog is for general informational purposes only and should not be construed as legal advice. While we aim to provide accurate and up-to-date details on tree trimming laws in Calgary, each situation may vary. We recommend consulting a legal professional specific advice tailored to your circumstances.
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