When the wind blows your neighbour’s tree down and it hits your property causing damage, you might be surprised about where the law falls on the topic. This happened at our family cottage a few years back and naturally I was curious. I seems that when a healthy tree blows down it is considered akin to an “act of God” and no liability is assigned to the legal owner of the property where the tree was growing. With proper insurance the average homeowner would have, this is one of life’s unfortunate incidents but not a bank breaker. However, if you see that your neighbour’s tree looks diseased or damaged and might blow down in bad weather, and you notify your neighbour of this fact and they do nothing, liability will be assigned under the law of negligence. The usual proof of notification would be required to succeed with such a claim such as registered mail or personal delivery of a notice. If you have such a looming disaster, we would encourage you to consult us to ensure the notice is given to the proper party using clear and unequivocal terms.
NOTICE: MSC Blog posts are for general legal information and should not be taken as legal advice. There are subtle differences in every circumstances and constant changes to the law which may change our view of your situation from those contained in the items on this blog. Always consult a lawyer to obtain legal advice you can rely on.