Suing A Neighbour Over A Tree? Be Prepared For Courts To Side With Nature (Blog)

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One of the legal tests is 'substantial interference.'

. The city gave its assent, but the neighbours who were the joint owners of the tree did not.

The judge weighed the matter in the balance. One neighbour had a need for more rooms, while the other neighbour loved the tree and wanted to maintain the beauty of its shade. He looked at the plans for construction. In this case, it might have been possible to build the addition elsewhere on the lot.

For the time being, the old maple tree is saved. Time will tell whether the builders will alter their design plans, or merely return to court with stronger arguments for cutting down the tree.

 

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