A B.C. ruling has set out a fine after a man trespassed on his neighbour’s property and damaged trees that caused them to die because they were blocking his lake view.
A Nov. 14 BC Civil Resolution Tribunal ruling details a battle over trees and a hedge between two couples who live next to each other that ended up with the couples suing each other.
One couple filed a claim saying that their neighbours trespassed on their property by removing parts of their mature trees without consent. The couple says the neighbours “severely damaged” one tree, and caused the other two to die. They were demanded $5,000 in damages for the value of the trees.
The other couple countersued, saying the neighbours “breached a building scheme and caused a nuisance by allowing the dead trees to block his lake view, which interfered with the use and enjoyment of his property,” said the CRT ruling. “He initially claimed $5,000 for the alleged building scheme breach and nuisance, but reduced this amount to $3,500 in submissions.”
The counter suit also claimed the removal of the trees “interfered with his privacy,” and was a nuisance and a trespass, so he built a fence to provide a screen. He claims $378.56 for half of the fence’s cost and half of the cost to replant one tree, and $500 in punitive damages. Finally, the countersuit said the neighbours threw debris and trimmings into his yard, for which he claims $500 in trespass damages. In total, the counterclaim asked for $4,878.56.
In the ruling, the adjudicator said that the issue of trespass is a matter of consent. The neighbour who damaged the trees said that he had received consent in 2013 and that the consent “remained valid” but the owners of the property disagreed.
The CRT ruling said that the one neighbour did not prove that they had “leave and licence” to come on the property “at their pleasure” and that a trespass did occur.
Each neighbour submitted a report on why the trees ultimately died, but the CRT chose the one citing overpruning.
The neighbour was fined $1,663.20 in trespass damages. The other neighbour was fined $50 in trespass damages for tossing some yard wasted on the other’s property.
READ MORE: Court orders Victoria woman to return Tobi the cat to ex after breakup
