No, you cannot take matters into your own hands right away. But you may be able to force the owner of the tree to cut the undesirable branches if you can prove that you really are experiencing a significant inconvenience.

Whether it is tree roots or branches, cutting them may endanger the survival of the tree. For this reason, your demand must be based on a real, existing nuisance. Normal annoyances between neighbours such as the neighbour’s tree shading your property or your dislike for that particular species of tree are not enough.

Naturally, before considering legal proceedings to force your neighbour to cut the branches that are harming your property, it is better to try and arrive at a friendly understanding.

After a discussion with your neighbour, if he still refuses to cut his tree’s branches or roots, you must submit your problem to the court and it will study the situation. The court will analyze your claim to see whether your neighbour’s actions amount to a serious nuisance or just an ordinary neighbourhood inconvenience. The court will ask whether or not the situation goes beyond the reasonable limits of what is tolerable. To prove to the court that this is indeed an intolerable situation, you must prove:

• that there was a physical invasion by the branches or roots of the tree; and
  
• that this invasion seriously harms your property.

But be careful! Before starting legal action, you must send a demand letter to your neighbour to inform him of your demands and intentions. For more information, consult the Infosheet entitled The demand letter.

You may ask your neighbour to straighten the tree or to chop it down. Your neighbour has the obligation to prevent his tree from falling onto neighbouring property. If no agreement is possible, you can submit the dispute to the court and obtain an order to have the tree straightened or chopped down.

Quebec law has not determined a precise distance. However, the distance necessary to prevent the tree from harming a neighbour's property can be determined in court.

The rules of being a good neighbour imply that trees should be planted at a certain distance from the neighbour’s property, depending on the species, to avoid harming that property. For example, it would be un-neighbourly to plant a weeping willow close to the property line, since this tree has voluminous branches and roots that could damage the property next door.

Yes, you can. The owner of the tree is responsible for damage caused by its branches. In the same way, she may also be held responsible for any damage that happens if the roots of her tree invade your property.

For example, the court has held that the owner of a huge pine tree was responsible for damaging three of his neighbour’s vehicles. The branches of the pine overhung the neighbouring property and the sap from the pinecones caused the damage.

As for a strong wind, in law we call this a “superior force”. A tornado, for example, qualifies as a superior force. Owners of trees or other elements that could cause damage have often blamed the force of the wind when trying to avoid paying for damage to neighbouring property.

But don’t forget that regardless of the force of the wind, as soon as the tree is sick or looks unhealthy, there is a presumption that the sad state of the tree—over any other factor—was the main reason for the fallen branch. Since the decay of the tree is a natural progression and not provoked by a superior force, the owner (or the person in charge of the tree) can still be held responsible for damage caused by the tree.

The Civil Code of Québec does not prohibit any species of tree. However, it is important to keep in mind that you are generally responsible for your trees and any damage caused by their branches and roots.

Also, note that certain municipalities may have by-laws against tree species that may damage roadways and aqueduct works with their very invasive roots. You can inform yourself further by contacting your municipality.

If you install a fence or hedge on your property, completely on your side of the dividing line, this fence is yours. You are the only owner and you must pay for its maintenance and costs.

But if the fence is built on the dividing line, you and your neighbour are legally equal partners. Each of you must assume and share the costs of construction, installation and maintenance. As well, the consent of both owners is required before making changes to the appearance of the fence, in terms of materials, colour, etc.

No, because you must respect municipal standards that provide for the shortest and tallest height possible, as well as the type of materials allowed, among other things.

Aside from the above, if you build your fence on your property and not on the dividing line (also called the property line) you have a lot of flexibility. Nonetheless, you cannot let your imagination run wild and build a fence with old rusted sheet-metal that makes the environment really ugly. Your neighbour might then ask the court to force you to demolish it.

A common fence is the kind that is built on the dividing line between properties. It belongs equally to the two owners. This means the two owners must assume the costs of this fence, as much in its construction as for repairs and maintenance.

But before beginning construction, you must get the neighbour's consent as to the type of fence that will be built. For example, you cannot demand half the costs of a luxurious fence built on the property line to replace an ordinary fence without discussing it with your neighbour. You must first get him to agree to it.

Each owner has the right to surround her property with walls, hedges or fences—as long as she respects municipal by-laws and environmental and aesthetic concerns. However, in certain situations, your neighbour can require that you move your fence. For example:

• If you installed your fence in a place where your neighbour has a right of way, he may require that you move it because it blocks his path.
  
• If you installed a fence on your neighbour’s property, the neighbour can require that you move it because it keeps him from exercising his right to the enjoyment of the property.
  
• If you disobey a municipal by-law that, for example, forbids the installation of a fence entirely made of barbed wire in a suburban setting, you could be required to remove it.

First, you need to figure out who owns the fence—you, your neighbour or both of you jointly. This depends on whether it was built on the dividing line or on either side of it.

• If the fence belongs to you alone, you have complete freedom to do as you wish, as long as you respect municipal by-laws, usage and the area.
  
• If the fence belongs to you and your neighbour, you must come to an understanding regarding the look of the fence. Neither of you can force the other in relation to the choice of materials, colour, etc. If there is no agreement, the courts can decide.