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Environment • Aboriginal • Energy

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December 03, 2015

Is Your Tree a “Border Tree” or a “Straddle Tree” or Is It Just Plain Old Neighbourly Love – Not Likely?

As with all aspects of environmental law, the law turns on the facts.  The law of trees is no different.  And, it is often the technical advice of arborists about certain aspects of a specific tree that drives how Courts decide tree disputes among neighbours.  One common situation that leads to disputes between neighbours is where a tree straddles the property line.  Another is where the tree is entirely on one property with its roots across or its ‘drip line’ hanging over the property line.  In some cases, an opinion from an arborist may be helpful to define which it is.  In the end, Courts are called upon to referee these not so neighbourly disputes!

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