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  • May 4th, 2021 6:00 pm
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[OP]
Jr. Member
Aug 20, 2013
120 posts
21 upvotes
Hamilton

Shedding of Leaves

Hi there, I know this is a weird question to ask but need some advice. I am looking to install a 8ft tree (Japanese Maple) in the back of our house near the fence which I share with a neighbour in the back. We dont have any plants or trees and hoping to have some green in the backyard. Can my neighbour who lives at the back of my house complain to the city if the leaves from the tree fall into his backyard? I see that he maintains his backyard clean and I am not sure what laws apply.

Appreciate any help in this.
11 replies
Deal Fanatic
Nov 21, 2013
6089 posts
4391 upvotes
This is called nature. Birds poops, dandelions grows, during winter there is snow to shovel off and each automn leaves fall... I do maintain my yard, and each automn although I do not have any maples I do pick up neighbour's leaves. Unless your neighbour is a grumpy old man complaining about nothing and everything all at once you should have no issues...
Deal Addict
Apr 26, 2003
1765 posts
854 upvotes
GTA
How about talking to your neighbour and telling them that you're going to plant a tree and see how they respond? You can't control what the wind blows around, so that's not your fault.
Deal Fanatic
Feb 4, 2010
5124 posts
4061 upvotes
exrcoupe wrote: How about talking to your neighbour and telling them that you're going to plant a tree and see how they respond? You can't control what the wind blows around, so that's not your fault.
So if he's against it OP's not going to plant a tree? I disagree with this advice.

OP, not sure what variety you're planning to plant but one thing to keep in mind making sure there's enough clearance as the tree grows, particularly the roots to avoid damage to the fence. If it's dwarf then it doesn't matter too much.
Deal Fanatic
Jul 7, 2017
6814 posts
3104 upvotes
SW corner of the cou…
The neighbour is entitled to cut any branches overhanging the property line so take that into consideration. A yew or other conifer taht grows cylindrically may be better.
I smile when I see container ships sailing past my house laden with stuff made in China
Deal Addict
Apr 26, 2003
1765 posts
854 upvotes
GTA
The neighbour really doesn't have a choice what the OP does in his own yard, but at least he's considerate enough to think about it before just doing whatever he wants. Planting a tree is different than bushes or landscaping as it will grow and affect the neighbouring properties. It's already 8ft tall Japanese Maple, which don't get too tall according to this site: https://landscapeontario.com/japanese-maples
Deal Fanatic
Nov 21, 2013
6089 posts
4391 upvotes
thriftshopper wrote: The neighbour is entitled to cut any branches overhanging the property line so take that into consideration. A yew or other conifer taht grows cylindrically may be better.
False. At least in my province (qc.) Neighbour needt the owner's permission to cut whatever is overhanging the property line because it is owne and maintained by OP.

Can I cut branches or roots on my neighbour’s tree if they are bothering me?
No. Just because these branches or roots are on your property doesn’t mean you can take matters into your own hands!


https://educaloi.qc.ca/en/capsules/trees-and-fences/
Deal Addict
Dec 4, 2011
1872 posts
1475 upvotes
Montréal
DoorCrasher wrote: False. At least in my province (qc.) Neighbour needt the owner's permission to cut whatever is overhanging the property line because it is owne and maintained by OP.

Can I cut branches or roots on my neighbour’s tree if they are bothering me?
No. Just because these branches or roots are on your property doesn’t mean you can take matters into your own hands!


https://educaloi.qc.ca/en/capsules/trees-and-fences/
yeah, i think this is another area where the civil code is different than the ROC common law (it is called the self-help rule) so QC is the exception when it comes to this as the civil code explicitly deals with this situation as you described. So thriftshopper is correct for all of Canada outside QC.

http://www.slaw.ca/2019/09/26/thursday- ... in-canada/
Deal Fanatic
Nov 21, 2013
6089 posts
4391 upvotes
admiralackbar wrote: yeah, i think this is another area where the civil code is different than the ROC common law (it is called the self-help rule) so QC is the exception when it comes to this as the civil code explicitly deals with this situation as you described. So thriftshopper is correct for all of Canada outside QC.

http://www.slaw.ca/2019/09/26/thursday- ... in-canada/
Thanks for your input.Very interesting. Hopefully, I mentionned that is in my province, possibly saving me from being flamed ;)
Deal Addict
Apr 26, 2003
1765 posts
854 upvotes
GTA
Yup, in Ontario, you can trim trees that overhang your property as long as it doesn't affect the integrity/health of the tree. As I write this, I can see 4 massive silver maples that are in my neighbour's backyard that are about 70+ feet tall and over hang my backyard a LOT. We had an arborist trim them back, but he'd only trim to a certain extent as it would cause serious harm to the trees if we had them cut off too many large branches over our backyard. We did inform the neighbours by leaving a note on their door, but nobody lives there right now (developer build) so no harm no foul.
Deal Fanatic
Feb 4, 2010
5124 posts
4061 upvotes
I'm all about being considerate and respectful, which includes getting input on something that potentially impacts them but planting a Japanese maple isn't one of those things - actually, I find it quite ridiculous in this instance. Nature isn't meant to be manicured. If the neighbour can't handle leaves on their property they have bigger issues at hand. OP you limit issues such as branch overhang by not planting so close to the fence as per my previous suggestion.
Last edited by hierophant on May 4th, 2021 6:01 pm, edited 1 time in total.
[OP]
Jr. Member
Aug 20, 2013
120 posts
21 upvotes
Hamilton
Thank you all for your advice and suggestions - I will ensure that the tree is sufficiently planted away from the fence to avoid any current (or potential future) issues.

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