Can one owner compel another owner to remove a straddle tree or stump?
British Columbia, Canada
The following excerpt is from Cran v. City of Port Coquitlam, 2019 BCCRT 146 (CanLII):
25. As noted by the respondent, the Courts have yet to consider whether one owner may compel another owner to remove a straddle tree or stump. However, I accept that the owners of affected properties may take steps to address encroachment of straddle trees onto their properties, so long as there is no trespass involved (see also Anderson v. Skender, 84 BCLR (2) 135 (CA)). There is no indication in the case law that the costs of these actions may be charged back to the owner of a straddle tree, if one can be established.
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