What Are Your Rights When a Neighbour’s Tree Causes Damage?
A neighbour’s tree that overhangs, sheds heavy branches, or whose roots encroach on your property can cause real damage to fencing, foundations, driveways, or gardens. Knowing your rights helps you respond effectively. At Linley Welwood, our lawyers assist clients in understanding when legal action is appropriate. That is why we have laid out your rights when a neighbour’s tree causes damage.
Find out what you should do if a neighbour builds over the property line.
How Can a Neighbour’s Tree Cause Legal Liability?
Whether through encroaching branches or falling limbs, damage from a tree on neighbouring land may give rise to certain legal claims. Common law principles, nuisance rules, and “self-help” rights all play a role in what you may do and seek.
Overhanging Branches & the Right to Trim
In British Columbia, you may trim branches that overhang onto your property up to the boundary, provided the trimming does not damage the neighbour’s tree; however, trimming must be done carefully. If your cuts harm or kill the tree (or extend beyond your boundary), you may face liability for trespass or damage.
Encroaching Roots & Property Damage
If roots cross under the boundary and cause damage (e.g., cracked sidewalks, damage to foundations, blocked drains), that may constitute a private nuisance. You may take action to abate the nuisance (remove or trim roots) so long as you do not trespass or destabilize the tree. As with branches, if your root trimming harms the tree or goes beyond your boundary, you risk liability.
Damage from Falling Trees or Limbs
If a tree (or part of the tree) falls and damages your property, you may sue for compensation if you can show your neighbour was negligent in their upkeep of the tree, particularly if the risk was foreseeable. In such cases, the role of a lawyer becomes important in proving negligence and pursuing fair compensation.
Nuisance Claims & Remedies
A nuisance claim addresses interference with the use or enjoyment of your property caused by your neighbour’s action (or inaction). Tree encroachments can qualify as a nuisance.
Remedies include damages (cost to repair or replace) and injunctive relief (court order to remove or prune the tree).
What Steps Should You Take?
If a neighbour’s tree causes damage to your property, take photos and note the date. Speak with your neighbour first, then follow up with a written notice if needed. If the issue remains unresolved, try mediation. As a last step, consult a lawyer to explore legal options.
At Linley Welwood, our lawyers can guide you through the legal framework in British Columbia so you can protect your property rights and pursue a fair resolution. Get in touch with us today to discuss your situation and your options.
