Maintaining good neighborly relations can be more complicated than it seems, especially when you consider issues related to trees, their branches and roots.
In Quebec, these neighborly relations regarding trees are governed by the Civil Code of Quebec. That said, several municipalities have their own regulations regarding pruning, trimming and felling permits. It’s therefore best to find out the rules based on where you live.
Whether you’re covered by the Civil Code or municipal regulations, one thing is certain: any work you might want to do to your neighbor’s trees – and vice versa – cannot be done without consent.
Because the issue of trees between neighbors isn’t clear to everyone, we suggest you take a look at the rules in force.
Can you cut your neighbor’s tree branches?
This question alone accounts for the majority of disputes between neighbors. The answer is clear: under no circumstances can you cut the branches or roots of your neighbor’s trees without their approval, and the same applies to them. It’s simply illegal.
However, many cases report trees with invasive roots, specimens with large foliage that cast shade on a property, or even trees damaging a roof, for example.
The question also arises for shared trees. What does the Civil Code provide for this? Since, by definition, both neighbors own the tree in question, its pruning must be subject to the consent of both parties. That said, anyone who wants to keep it in its current state will prevail over anyone who wants to modify it, for reasons other than regular maintenance.
While there may be valid reasons for taking steps to resolve the problem yourself, an agreement must be reached with your neighbor before proceeding. The Civil Code tends to encourage communication and cordiality between neighbors, rather than interfering in all these issues that could be resolved through mutual understanding.
What do you risk if you exceed your rights and cut down the tree in dispute without permission? Again, it all depends on the relationship you have with your neighbor. But be aware that they could sue you. This could lead to you having to pay them financial compensation for damaging or killing their tree. So, it’s not a decision to be taken lightly.
But what if your neighbor refuses and the hassle caused by branches, roots, or the entire tree increases? In such a situation, it’s a good idea to take stock of your recourses and the responsibilities of tree owners.
Tree Act: Responsibilities, Recourse, and Communications
As mentioned, the Civil Code of Quebec strongly encourages people to act as “good neighbors.” For example, it doesn’t require any specific distance for planting a tree in your garden. It believes it should be done at a reasonable distance from the shared fence to avoid any long-term damage to the neighboring property. Similarly, it does not prohibit any tree species, whether we are talking about those with invasive roots or not.
So, how do you handle arguments? First, by being aware of your responsibilities. Any owner of a tree whose branches or roots damage a neighboring house or threaten to fall onto the neighbor’s property may be required to compensate their neighbor. Of course, the owner in question has the right to defend themselves, especially if extreme weather conditions have aggravated the tree’s damage.
But this point may be important to consider if you need your neighbor to trim or remove their tree and, after discussion, they refuse. You have the right to submit your request to the court. Article 985 of the Civil Code of Quebec (CCQ) explicitly states:
- That a property owner may force his neighbor to cut branches or roots that encroach on his land and seriously interfere with its use.
- That he can also request the felling or straightening of a threatening tree.
It will be up to the court to determine whether the risks are proven or whether the apparent damage is indeed related to the presence of the tree. Just be aware that the reason you want to proceed with the felling must be solid, concrete, and cause you real harm. Otherwise, your claim will be dismissed.
If the damage is already visible, you could ask your neighbor to compensate you. In this case, we are talking about replacing the tree, the costs incurred to hire an arborist, or to compensate for the loss of value of your land resulting from the felling. If the answer is no, you could go to court again.
To summarize, requiring a neighbor to prune their trees can be done at three levels:
- An amicable discussion, at the end of which the tree will be cut down or straightened.
- A formal notice in the event of refusal. This will initiate the legal process to attempt to resolve the dispute, without initiating formal proceedings.
- A legal application to the Court, which will allow you to assert your rights and claim compensation for any damages caused. In the opposite situation, punitive damages could be paid to you if your trees were damaged without your consent.
Ultimately, the simplest solution is to be open and diplomatic in communicating with your neighbor and reaching an agreement that benefits both parties.
If you are in the position of the person who should be carrying out a tree removal or felling, rest assured: techniques exist to preserve your tree and reduce the nuisance to your neighbor. By calling on the specialists at Émondage SBP, you can find a reasonable compromise that in no way affects your relationship with your neighbors or the health of your outdoor space.
Sources :
- Équipe Jean-François Morin. Les arbres et les clôtures. [Trees and fences.]. 2016.
- Assistance Créances. Arbres, branches et haie : vos droits au Québec. [Trees, Branches and Hedges – Rights and Recourse against your Neighbor in Quebec]. 2024.
- Éducaloi. Trees and Fences. 2025
