We have a new neighbour who decided to build a pool. They insist on cutting trees that are on my property, so that they don’t accidentally fall into his pool. Am I liable if a tree from my property falls into his pool?
Our neighbors have sued us in small claims court because our trees — a couple of old birches and an equally old Cedar tree — once in a while lose leaves, small twigs and needles that fall in their cement garden.
(They also called the community police officer on us on a number of occasions for the very same “reason.”)
The judge demanded to visit the neighbors to see with his own eyes what the “problem” was. We were supposed to be present as well (and we were). During the visit, the judge was clear about a number of things:
- ONE: under no circumstance will the trees be cut (that’s what our neighbors wanted in the first place), as they are old on the one hand, and high-stemmed on the other (and it is illegal to cut such trees where we live);
- TWO: it is perfectly normal that in a rural area, twigs and leaves fall into gardens — even if the original trees are not your own. He added that one should live in the city if that would be a problem;
- THREE: we were invited to prune the trees, but not obliged — and certainly not if it would hurt the trees (birches, for instance, hate to be pruned);
- FOUR: my neighbors (who by then had become really aggressive after hearing ONE-TWO-THREE) are extremely unreasonable, and only hear what they want to hear.
In the end, they lost big time.
If your neighbor would decide to build a pool, the fact that the trees were there before the pool would end any discussion whatsoever — the neighbor knew that there were trees nearby before he built the pool, and leaves and the like falling into his pool is not considered to be “harm” but “natural occurrence.”
And again: because the pool is a later addition, he has no legal grounds to have your trees cut (taken that they are in fairly good health). So the law is really clear on this type of situation —
Unfortunately my neighbors are way too obtuse to understand this.
SOURCES: group portrait at Millwood logging site. Early 1900s. Misc. Groups. Woman and children. (National Park Service, © Public domain)