tree removal and responsibility

[pogs]

Hey Folks,

I have a question regarding responsibility of tree removal, for a tree that is on the borderline of my property and a neighbours property. Actually it is more or less on his property. However, the tree (tree of heaven I believe), has some large branches hanging over my house.

I am afraid that a massive snow storm or some other force of nature may cause a portion of the tree and or branches to come crashing down on my house. The tree has to be about 30 or so high. I inquired about the cost to remove the tree, and because of it's location, right in the middle of our two houses, and the requirement of a crane, it cost a pretty penny. A couple of estimates I have received were in the 2500- 3000 range.

Is it my responsibility completely to remove the tree, or is it partially the neighbours, because the tree is on his property?

Thanks,
pogs

[CSK'sMom]

If the actual trunk portion of the tree in on the neighbors property it's his tree. Verify the tree's location on your survey before doing anything. If it is indeed his tree that means you cannot remove it. You can trim the branches overhanging your property though. You cannot trim so drastically (everything cut off at the property line) though as to kill the tree. If you kill the tree you could be sued for it's replacement value. As for the trimming cost, figure on paying for it yourself or going through legal means to have your neighbor pay for it.

[mtl514]

Also make sure if it's in the front yard, it's not the city's tree.... I asked for an estimate around here in Montreal and it costs $1000 and the tree is about the same height as yours.

[vistaliving]

if the actual trunk portion of the tree in on the neighbors property it's his tree. Verify the tree's location on your survey before doing anything. If it is indeed his tree that means you cannot remove it. You can trim the branches overhanging your property though. You cannot trim so drastically (everything cut off at the property line) though as to kill the tree. If you kill the tree you could be sued for it's replacement value. As for the trimming cost, figure on paying for it yourself or going through legal means to have your neighbor pay for it.


+1

[CheapScotsman]

In addition to what CSK's mom said above, even if it is on your property, you should check with city hall, etc to ensure that you don't need a permit to remove the tree (as some cities require permits to remove tress of given sizes).

[pogs]

If the actual trunk portion of the tree in on the neighbors property it's his tree. Verify the tree's location on your survey before doing anything. If it is indeed his tree that means you cannot remove it. You can trim the branches overhanging your property though. You cannot trim so drastically (everything cut off at the property line) though as to kill the tree. If you kill the tree you could be sued for it's replacement value. As for the trimming cost, figure on paying for it yourself or going through legal means to have your neighbor pay for it.

Thanks CSK's Mom et al,

The trunk of the tree is like 90A% on the neighbours side, but the large branches are on my side.

I have talked to him and he has no attachment to the tree. It was a tree that was there when we moved in, and it is located b/t our houses on the back corner of our houses. It wasn't planted, but nobody thought to remove it. I have heard that these tree's of heaven are fast growing. So I am anxious to get rid of it.

Yes, you are right to talk to the city about the bylaws regarding tree removal. I'll see what they say.

The cost is what is scaring me.

Thanks,
pogs