What can I do if my neighbour's tree falls on my property in British Columbia?
This answer covers the law of British Columbia.
Who pays depends mainly on whether your neighbour knew, or ought to have known, that the tree was dangerous and failed to act reasonably. Courts have said that failing to remove an obviously dangerous tree can, depending on the circumstances, amount to negligence. The answer turns on the facts of your situation.
If your neighbour and you both contributed to the damage, liability is shared in proportion to each person's fault. Where two or more people are at fault and you are not, they are jointly and severally liable to you and can claim contribution from each other in proportion to fault.
For a smaller claim, the Civil Resolution Tribunal can take small claims up to $5,000, and larger claims go to Provincial Court (Small Claims) or Supreme Court. Whether your insurance responds, and how cleanup is handled, depends on your policy, so contact your insurer early and take photographs before anything is moved. A lawyer can help if the amount or the facts are unclear. Municipal bylaws may also regulate trees, and these vary by municipality.
Key takeaways
- Liability turns on whether the owner knew or ought to have known the tree was dangerous and failed to act reasonably.
- If you also contributed to the damage, responsibility is shared in proportion to each person's fault.
- Claims up to $5,000 can go to the Civil Resolution Tribunal, while larger claims go to Provincial Court (Small Claims) or Supreme Court.
- Photograph the tree and damage before cleanup and contact your insurer early, because what your policy covers depends on its terms.