{"id":7257,"date":"2025-04-25T08:54:30","date_gmt":"2025-04-25T13:54:30","guid":{"rendered":"http:\/\/www.emondagesbp.com\/?p=7257"},"modified":"2025-04-25T09:24:21","modified_gmt":"2025-04-25T14:24:21","slug":"tree-laws-between-neighbors","status":"publish","type":"post","link":"https:\/\/www.emondagesbp.com\/en\/tree-laws-between-neighbors\/","title":{"rendered":"Tree Laws Between Neighbors"},"content":{"rendered":"

Maintaining good neighborly relations can be more complicated than it seems, especially when you consider issues related to trees, their branches and roots.<\/span><\/p>\n

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<\/a>. It’s therefore best to find out the rules based on where you live.<\/span><\/p>\n

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.<\/span><\/p>\n

Because the issue of trees between neighbors isn’t clear to everyone, we suggest you take a look at the rules in force.<\/span><\/p>\n

Can you cut your neighbor’s tree branches?<\/h2>\n

This question alone accounts for the majority of disputes between neighbors. The answer is clear: under no circumstances can you cut the branches<\/a> or roots of your neighbor’s trees<\/a> without their approval, and the same applies to them. It’s simply illegal.<\/span><\/p>\n

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.<\/i><\/span><\/p>\n

The question also arises for shared trees. What does the Civil Code provide for this?<\/span> 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.<\/span><\/p>\n

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.<\/span><\/p>\n

What do you risk if you exceed your rights and cut down the tree in dispute without permission?<\/span> 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.<\/span><\/p>\n

But what if your neighbor refuses and the hassle caused by branches, roots, or the entire tree increases?<\/span> In such a situation, it’s a good idea to take stock of your recourses and the responsibilities of tree owners.<\/span><\/p>\n

Tree Act: Responsibilities, Recourse, and Communications<\/h2>\n

As mentioned, the Civil Code of Quebec strongly encourages people to act as “<\/span>good neighbors<\/span>.” 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.<\/span><\/p>\n

So, how do you handle arguments? <\/span>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.<\/span><\/p>\n

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)<\/a> explicitly states: <\/span><\/p>\n