Trees Gone

mallard42August 18, 2007

Hello. I just came home tonight from work, and my neighbour has cut down all the trees on the back side of my property. I am hoping to get some advice as to how to deal with this. I have already bawled him out and there is no apology or anything. I have a half acre adjoining his 10 acre property. These trees are clearly on my property, I guess he never thought to look. Under Canadian law what can I do about this? I have nver had experience in this sort of thing. I really miss these trees. I can't even believe this actually happened. Thank you for your replies.

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marricgardens

You said that you spoke with him and he gave no apology, explanation or even aknowledged that he had done something wrong. Since the trees were definitely on your property, I think it would be a good idea to call the local by-law enforcement. They would steer you in the right direction. Marg

    Bookmark   August 18, 2007 at 2:05PM
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Judy_B_ON(Ontario 5B)

Besides bylaw enforcement, you might want to call your lawyer. If the trees were clearly on your side, he can be made to pay the cost for replacing them, and the cost will be for the cost of same size trees.

    Bookmark   August 18, 2007 at 8:17PM
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greylady_gardener

did he give you any indication as to why he cut them down?? Is he selling the wood? He certainly shouldn't be allowed to profit from his theft! Call the police.....it is theft!

    Bookmark   August 19, 2007 at 12:33PM
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tiffy_z5_6_can(5/6)

Mallard,
Do you know those trees were 'clearly' on your property because you have a survey certificate or because you have always perceived it to be as such?...

Just asking here because exactly 13 years ago, DH and I returned from our honeymoon only to find a huge rose bush mutilated by our neighbour with an axe on what we had perceived to be our side of the property for many years. It was, after all, on our side of the chain link fence which we thought was on the property line.

Three weeks later, we discovered through a surveyor that the property line was actually two feet on our side of the fence and that our neighbour also had the right to cut down 3 story high trees on his side - which we thought were on our side.

When I bought the property years back, my lawyer had stated that a survey was not required. Needless to say, on my second and present purchase, a survey was done and the markers are kept up every year.

I certainly hope this is not your case and that you will be able to be recompensed. Check out the By-Laws first, then the lawyer (a good one PLEASE), and do look into what was done to the wood. Greylady's point is quite valid! Winter is coming.

But be prepared should you not have a survey in hand. If you don't, get one immediately.

    Bookmark   August 22, 2007 at 8:26PM
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