Who Pays When a Neighbour's Tree Falls on Your BC Property

A tree from next door has come down on your house, fence or yard. You are dealing with the damage, and you want to know whether your neighbour has to pay or whether it falls to you and your insurer.

There is no single rule that says a tree owner always pays. In British Columbia the answer usually depends on fault: what the owner knew about the tree, what they did about it, and whether anyone else contributed to the loss. This article explains the main ideas in plain terms.

This article covers the law of British Columbia.

Does the tree owner automatically pay?

Not automatically. A claim against a neighbour for a fallen tree is generally a negligence claim, which means you would need to show the owner did not act reasonably. The mere fact that the tree stood on their land and landed on yours does not settle the question by itself.

The Supreme Court of Canada has said that failing to remove an obviously dangerous tree can, depending on the circumstances, amount to negligence. The question is whether the owner knew or ought to have known the tree was dangerous and failed to act reasonably.

Whether a particular tree was a known hazard, or a sudden and unforeseeable failure, depends on the facts. That is often where disputes are won or lost.

What helps show the owner should have acted

• Visible signs of decay, lean, cracks, dead limbs or earlier storm damage that a reasonable owner would have noticed.
• Earlier complaints or warnings you gave your neighbour, ideally in writing, with dates.
• Photos of the tree before and after it fell, and of the damage.
• An arborist's opinion on the tree's condition and why it failed.
• Any evidence the owner knew about the problem and did nothing.

When more than one person is at fault

Where damage is caused by the fault of two or more people, liability is divided in proportion to the degree each was at fault under the Negligence Act. A neighbour who ignored a known hazardous tree may bear only part of the loss if the owner of the damaged property also contributed.

If two or more people are at fault and the person suffering the damage is not at fault, those at fault are jointly and severally liable to that person and can claim contribution from each other in proportion to fault. In plain terms, you are not left chasing each person for a separate slice when you were not to blame.

Municipal bylaws and where they matter

A provincial fence statute does not set out the rules for trees, and the rules about trees that matter most to you usually come from your municipality. Instead, a municipal council may regulate, prohibit and impose requirements in relation to trees by bylaw under the Community Charter, so tree rules vary by municipality.

A bylaw may affect whether a tree can be cut down before it becomes a hazard, so check your municipality's rules and any permit requirements before anyone removes a tree. Tree-protection bylaws do not apply to some situations, including forestry practices under a Forest Act tenure, land where s. 21 of the Private Managed Forest Land Act applies, and tree cutting by a utility on its own land for safety, maintenance or operation of its infrastructure.

Time limits and where to bring a claim

Under the Limitation Act, a court proceeding must generally not be started more than 2 years after the day the claim is discovered. A claim is discovered on the first day you knew or reasonably ought to have known that loss occurred, that it was caused by an act or omission, that the act or omission was the defendant's, and that a court proceeding would be an appropriate way to seek a remedy.

There is also an outer limit of 15 years from the act or omission, with exceptions such as wilful concealment. Special rules can also apply, for example to minors. If a different statute sets its own limitation period, that period may apply instead of these rules.

Insurance is a separate question from fault. Whether your own policy covers the damage, and how your insurer handles a claim, depends on your policy wording, so read it and contact your insurer promptly.

What to do next

• Make the area safe and keep people away from any unstable tree or debris.
• Photograph the tree, the stump or break point, and all damage before cleaning up.
• Notify your insurer and ask what your policy covers.
• Keep receipts for emergency repairs, removal and cleanup.
• Tell your neighbour in writing what happened and keep a copy.
• Check your municipality's tree bylaws before removing anything.
• Note the date you discovered the damage so you can track the time limit.
• Speak with a lawyer if the loss is large, fault is disputed or the time limit is close.

Frequently asked questions