willow tree and siberian elms are taking over

[candyt]

My ignorant neighbor planted 2 siberian elms right at the fence line which is less than 6 feet from my back door. He also has a birch and willow exceeding 30 feet approx 15 feet from my back door. All of these trees are sitting on my roof and the siberian elms are reaching into my backdoor and bedroom windows. He neglects them, won't trim them and will not give me permission to cut them back. I live in Canada and the law states that I cannot touch them. My only option is to go to court.

Today we removed our badly cracked and heaved sidewalk and patio and found enormous roots coming from my neighbors yard. These were the culprits that destroyed all of the concrete. We axed massive roots and I want to know if I can apply anything to kill the actual trees.

My elderly neighbor is also paying the consequences for this guys ignorance. The willow has destroyed several of her trees and is causing damage to her sunroom. He also told her where to stick it.

I care for special needs foster children and do not have the time or desire to take this to the courts. Is there anyway to kill the trees from the exposed roots that are covering my lot?

Any suggestions would be appreciated!

[Jim Kingdon]

Burn it down, hand grenade, sneak over to your neighbor's property, I can think of lots of ways. None of them likely to be legal (the law tends to frown on "self-help" although in many US states you can prune a tree to the property line. Perhaps the law is different where you are).

I suspect you should look into going to court. It sounds like your damages are enough to make it worth looking harder at this option. At least as you tell the story, the odds that you'll come to an amicable understanding with your neighbor seem low.

[symplastless]

Who are you and where do you live?

[sockiescat]

okay first of all what area of canada do u live in? secondly where did

get your information that there is nothing that u can do about it. this persons trees are a nuisance to u and your elderly neighbour fo the use and enjoyment of your property for one thing and for anothe thing the branches coming across your fence are also considered private nuisance. therefore look into the torte law in canada called private nuisanc law.

are two links that should be able to help u. i would be sure t take pics of those tree roots, of the trees sitting at the top of you house, of where it is near your window etc. get pics also of you neighbours and whats going on there with the trees and also have you neighbour back u up in court if u can cause the more grease to th wheel the better the action on things. your neighbour for one thing is enroaching on your land and here i canada that isnt legal no matter what anyone tells u your neighbour i responsible for what his trees are doing and is held legall responsible for it. so good luck and let us know how it goes ;). cyaaaaa, sockiescat :)

-- sockiescat

[cat daddy]

It is a common law almost everywhere that you can trim overhanging limbs, usually by city ordinance. Googling Canadian law, there does not seem to be any universal conflict with this. Consult with your city government. However, there does seem to be issues regarding the cutting of roots as you have done, and most probably laws against poisoning your neighbour's trees. So, unless your city specifically restricts your cutting of overhanging limbs, you've gone about this the wrong way, and may be in jeopardy of being in court anyway, this time as a defendant.

[candyt]

I live in Alberta and I can assure you that the law states I cannot touch his trees without the risk of being sued- the lawyers agree the law is ridiculous as does planning and development. Six years ago one of this guys willows fell on my house and caused extensive damage to gutters and eaves- I did not yet know these people and let it go (yes I am an idiot). Roots up to 8 inches in diameter were under my pad and have to be removed to repave. They are also right up to my home foundation. These people are scary and I fear retaliation if I sue. What to do....

Gracie

[David Hare-Scott]

I know nothing of Canadian law but this seems very much out of line with the situation in other parts of the world that have as their background English law. The situation is so common that you would expect the authorities to have developed some less troublesome mechanism than going to court to resolve it.

I would first be double-checking with a reliable source to make sure that this advice was correct before going any further. I don't know about Canada (again) but here you could approach a solicitor who was doing pro-bono advice sessions or a chamber magistrate to get free accurate advice on that situation in about 5 minutes.

If it turns out that in theory you do have to resolve it in court you may be able to bluff the neigbour with a strongly worded solicitor's letter that will cost you something but be much cheaper than a court appearance.

David

[readandpostrosie]

Roots up to 8 inches in diameter were under my pad

get a lawyer, BEFORE your foundation is compromised. much cheaper!