Return to the Gardening in Canada Forum | Post a Follow-Up

 o
Trees Gone

Posted by mallard42 BC (My Page) on
Sat, Aug 18, 07 at 1:40

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.


Follow-Up Postings:

 o
RE: Trees Gone

  • Posted by marric Z5b Ontario (My Page) on
    Sat, Aug 18, 07 at 14:05

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


 o
RE: Trees Gone

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.


 o
RE: Trees Gone

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!


 o
RE: Trees Gone

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.


 o Post a Follow-Up

Please Note: Only registered members are able to post messages to this forum.

    If you are a member, please log in.

    If you aren't yet a member, join now!


Return to the Gardening in Canada Forum

Information about Posting

  • You must be logged in to post a message. Once you are logged in, a posting window will appear at the bottom of the messages. If you are not a member, please register for an account.
  • Please review our Rules of Play before posting.
  • Posting is a two-step process. Once you have composed your message, you will be taken to the preview page. You will then have a chance to review your post, make changes and upload photos.
  • After posting your message, you may need to refresh the forum page in order to see it.
  • Before posting copyrighted material, please read about Copyright and Fair Use.
  • We have a strict no-advertising policy!
  • If you would like to practice posting or uploading photos, please visit our Test forum.
  • If you need assistance, please Contact Us and we will be happy to help.


Learn more about in-text links on this page here