Neighbor's tree wreaking havoc on my backyard. Options?

[Darkstar]

Have you even talked to him about it? Might be a good idea to try that first.

[rampage]

If something on his property is effecting your property in a destructive way and he doesn't do anything about it I think you can file a private nuisance against him.

[TOMapleLaughs]

Chances are he hates the tree too, because it's roots are certainly destroying his property as well. See if he wants to have it dealt with.

[KFBR392]

Any damage caused by the tree roots would normally be actionable under the common law tort (civil wrong) of nuisance.

(I)f your tree roots go under their property and damage their pipes, lawn, or foundation, you may be responsible under the common law principle of “nuisance”. It depends on the facts of the case, but normally, courts will not allow use of a property that causes substantial discomfort to others or damages their property.

http://www.cba.org/b...ousing/400.aspx

Cutting the branches of a tree that cross the property line is a legal self-help remedy called "abatement of nuisance." Generally, you are permitted to prune any branches that are overhanging your property so long as it doesn't damage the tree and the same goes for roots but that can be problematical because excessive root pruning can damage the tree. Also make sure that you know where the property line lies because if you prune or trim beyond your property you would be liable in trespass.

The law in BC - Anderson v. Skender, 1993 CanLII 2772 (BC C.A.) at para 15 reads:

The law of nuisance is clear that an owner of land is entitled to cut branches or roots of a neighbour's trees which extend over the property line: Lemmon v. Webb, [1894] 3 Ch. 1 (C.A.); Butler v. Standard Telephone and Cables Ltd., [1940] 1 K.B. 399; McCombe v. Read, [1955] 2 Q.B. 429; Davey v. Harrow Corporation, [1958] 1 Q.B. 60 (C.A.); Morgan v. Khyatt, [1964] 1 W.L.R. 478 (P.C.).

You may wish to check with your municipality as there may be by-laws that alter the common law. Also many municipalities have tree by-laws prohibiting destruction of a tree even on your own property without a permit such as Vancouver.

http://vancouver.ca/...rees-bylaw.aspx

Here is what the City of Vancouver has to say on this issue as there is no by-law so the common law on abatement of nuisance would apply:

What can I do if my neighbour's tree is overhanging my roof, sundeck, etc.?

The best way to resolve a dispute with your neighbour bout overhanging tree branches or invasive roots is to discuss the situation with them and agree to a solution that serves both parties. Most disputes between neighbours can be resolved easily if both neighbours use common sense and are willing to compromise. There are no by-laws which regulate disputes about trees which are overgrowing a property line and therefore the City of Vancouver cannot intervene on behalf of either neighbour. If you feel that the dispute cannot be settled amicably you may wish to consult a lawyer.

And generally:

In the case of trees that hang over a property, especially if they cause damage, a mess or shade, or if they have roots coming out of the ground ruining a foundation or patio, the homeowner experiencing the problem can take steps to fix or improve the situation. Branches? Cut them off at the property line. Roots? Cut or dig them out on your side. But in both cases, do only as much as is needed to solve your particular problem. Do not go overboard and, for example, kill the entire tree if that is not necessary. If the trees are on your neighbour's property and they have caused damage, then your neighbour may be responsible to you to pay for or fix the damage caused.

http://www.mycanadia...neighbours.html

The first thing you should do is try to negotiate with your neighbour to try to work out an equitable solution such as digging out and cutting back some of the encroaching roots and installing a root barrier. Ultimately your neighbour is responsible for the damge as well as costs of abatement of the nuisance but you may want to work out some sort of cost share as a gesture of good faith.

If all else fails you can bring suit in Small Claims and seek an order for removal of the tree as well as compensation to repair any damage done by the encroaching roots.

http://www.ag.gov.bc.ca/courts/small_claims/info/what_is.htm

http://www.smallclaimsbc.ca/

Before you do anything take pictures and make sure that you document every interaction that you have with your neighbour. My usual advice in this sort of case is initially feel out your neighbour and if there seems to be a solution available. If the neighbour is difficult communicate in writing If you reach an agreement as to how to handle this situation... reduce it to writing. Both parties should sign it.

[KFBR392]

Chances are he hates the tree too, because it's roots are certainly destroying his property as well. See if he wants to have it dealt with.

[Scottish⑦Canuck]

Go all Johnny Canuck on that tree.

[HTania]

cut all the branches that cross the property line. It is your right to do it.

[The Magician]

https://www.youtube....h?v=aLnb4s-M2U8

[VancouverCanucksRock]

Anything on your property you can do whatever you like with it. Dig down and chop off the roots as well as hack off all the branches that overhang onto your property.

Of course, you might want to discuss it first with your neighbour in a nice calm matter, good relations with your neighbour is always a plus.

[Offensive Threat]

My parents in Cloverdale had a similar problem with a tree on the neighbors property causing a problem. Not as bad as the OPs as it only was damaging a flower bed. Mom talked to them and as it was on the very edge of the property the neighbors said if we wanted to pay for the work they didnt mind it being removed. Removal involved a person from the city coming out and signing off on the removal and while he was there he said the edge of the tree closest to the road was on city property so it was the cities responsibility. He noted it was damaging the flower bed, got no objection from the neighbor, and a week or so later the Surrey Parks dept guys went out and removed it at no cost.

So I would say go talk to someone at city hall and find out the deal. This wont be first time they have dealt with this.

[ChenWei91]

Call up Gumballthechewy. He'll know what to do.