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Trees and Neighbourly Relations
Owning your own home - what a feeling! But
there are rules to follow and neighbours to consider!
And unless you live on a desert island, it's normal to put up with a bit of nuisance from
your neighbours now and then. We have to be tolerant and accept the annoyances that come
with living near people. But sometimes annoyances get out of hand and
stop you from fully enjoying your property. They can even create dangerous situations.
When this happens, you should know that the law creates some rules between neighbours.
Among other things, these rules deal with noise, windows, fences and trees.
Let's take trees. One sunny weekend, you decide to plant a tree. You find the perfect spot
in your yard to watch it grow. But is your "perfect spot" also ideal for your neighbour?
A tree in the wrong spot, or one that grows very quickly could hurt your neighbour in
a few ways. For example its long branches could block the sun from her yard, its roots
could crack her foundation, or its sticky fruit could damage her roof. If you have a
tree that is harming your neighbour, you will have to fix the situation.
If you do nothing and the problem persists, your neighbour could go to court to force
you to act and to pay for any damage. But...your neighbour can't take matters into her own
hands and cut your tree branches or roots without your permission.
Last but not least, you should know that municipalities can add their own rules to foster neighbourly
relations. For example, they can prohibit certain kinds of trees. Find out by calling
your municipality.
So there you go! To find out more about your rights and obligations in general, visit educaloi.qc.ca