Dear Colleagues:

 

As I understand the common law, a person is entitled to trim over-hanging branches that encroach unto his or her property and must return the severed branches to the tree's owner if requested.  What is the position if the trimming, even if done by an expert, would invariably kill the tree? Are there any cases dealing with this issue or any interesting discussions of this issue? I would appreciate any assistance that you might provide.

 

All the best,

 

--
Jason Neyers
Associate Professor of Law & 
Cassels Brock LLP Faculty Fellow in Contract Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435