Ekka said:
Err ... aren't fence line issues the worst?
Over here the rule is any tresspassing tree parts (roots and branches etc) may be removed back to the fence line and only returned to the owner if they want it ... the cost of removal and dumping etc is yours. But you cannot turn the tree into a hazardous one by performing arborcultural malpractice, like cut off half the roots and let it fall on your neibs house.
It's a tough one, you should have a chat to your neib and work something out (oh yeah, he's hostile ... good luck)
But I'm with you, I would ban the planting of large trees within 10' of boundary fence lines. Personally, I have cut down and stump ground both my side neighbours fence line trees for free, now I've only got the guy behind me to worry about but he's only got little bushy stuff. why force your desires upon other people? If you want a big tree well and good but it's darn rude to have half of it hanging over some-one elses yard ... let alone roots coming into your yard.
Contact your local municipality and ask about the rules, I'm sure your not the first, but everywhere I have lived it's the same rule. Then you need to assess if the work to be done is going to be OK for the tree, then if it's OK out of courtesy inform your neib of the situation ... if he's cool and goes along with you great ... if not, you can proceed anyway and have all the facts to enjoy your own yard the way you want to.
thankyou so much for your replyand incouragement...., i did contact the municipal authorities, and they said call a lawyer because they feel it is a civil matter as the good neighbors policy no longer exists, and as for the bamboo, they say that the noxious weed bylaw was abolished 3 years ago, so they can't even go over there to tell them to contain it. But suggests contacting a lawyer.
After going through 9 people, i was able to speak to the senior bylaw officer and he said that
anything that is encroaching onto our property under the fence or above the fence to the sky can be removed to the fence, I said where is this law, he said call a lawyer. i contacted three arborists that cut trees for a living and one said, dont cut the roots, cuz you want to be careful that the tree dont fall, and the other two said the same as the senior by law officer, and suggest contacting a lawyer. One said its a shame that the neighbor didnt have the forsight (
I agree) to realise things grow up big and tall, and as for the way they planted it, if it were to fall it would fall on our side through the fence as it is using the fence to support it as it leans. and we had planted a cedar barrior at the same time the fence was built and keep it trimmed 6 inches from the fence at all times, if the cedars would only grow 6 feet tall over night, we wouldnt have to worry about anything, because we wouldnt have to look at it, and if it poked through our cedars it would get trimmed along with our cedars. but thats not gonna happen because the neighbors roots are already impeaching onto our lot.
the lawyer says call a surveyor and make sure the fence is exactly on the property line and if not, the surveyor says call a lawyer to get an order to have it removed and replaced in the proper place. and if it is in the proper place, send a registered letter to the neighbor tell them that they have "X" number of days to contact you to come onto your property to trimm the tree to your satisfaction, and in not doing so, nor trimming the tree to your satisfaction, you then have the right to call an arborist to come and do the next cutting of the the tree and send the bill to the neighbor, which by the way is at a cost of at least 100 to 175 bucks.
Then I called several surveyors and they want 500 bucks just to look at it and 1000 bucks to register it, so that if it goes to court, it will stand up in court that this is the property line, but then they suggested contacting an arborist.
so i contacted your help line because i felt like i was going in circles.
Since I wrote my first plea for help, I have been trying to find the civil act that justifies taking them to court, and the law librairy says they can provide the information to me, .....if...if...if... I...I...I...can get the acts name and shedule.I said let me look, where are you situated, they said our buklding is the size of a base ball feild, you wont find it in your life time if you dont know the name.
I said how do you do that?, they said, call a lawyer, the lawyer says 500 bucks later you can have that.and thats just to retain them to look for it. and 225 bucks an hour if they cant find it right away, and if we want it to go to court we could be looking into the 17 to 20 thousand bucks market.
so I called the clerk of the legislative office and she sent me to the provincial court and the provincial court sent me to the supreme court and the supreme court sent me to the law librairy... and they said the same as before.
so I called the manager of the legislative assembly and he says he has a big fat book on his desk and will look through it and call me today.
I called the librairy and they said they dont even have the book on the bylaws for my town, and that i should be able to get one from the bylaw office and the bylaw office says that i would need a garage to hold all the bylaws that this town has.and they are sure there are none that pertain to this and that i need to call a lawyer.
the lawyer says call a surveyor, the surveyor says call a arborist the arborist says call a bylaw officer and the the bylaw officer says call a lawyer,
no one wants to get involved.
So now i sit, waiting for about 4 more calls to come in , hoping someone has the name of the act that says, that i do have the right to trim and remove what is on my own property.
