Neighbour's Tree Fell on Your Property? Who Pays in British Columbia

A tree from next door has come down on your roof, your fence or your yard. You are dealing with the mess, the repair quotes and a neighbour who may say it was just the weather.

This article explains in general terms how responsibility for a fallen tree is usually worked out in British Columbia, what shared fault means, and the practical steps that protect your position. Every situation turns on its facts, so treat this as a starting point.

This article covers the law of British Columbia.

Who pays when a neighbour's tree falls?

A fallen tree does not automatically make the tree's owner responsible. The question is usually one of negligence. The Supreme Court of Canada has said that failing to remove an obviously dangerous tree can, depending on the circumstances, amount to negligence. As a negligence principle, liability turns on whether the owner knew or ought to have known the tree was dangerous and failed to act reasonably.

In plain words, a neighbour who ignored a rotting trunk, a visible lean or a warning from an arborist is in a different position from a neighbour with a healthy tree that came down with no warning signs. Which of those describes your situation is a question of evidence.

Your own home insurance is often the first practical source of repair money. How your policy responds, and whether your insurer will pursue the neighbour, depends on the wording of the policy, so read it and call your insurer early.

What shows the neighbour knew or should have known

Because knowledge is the centre of the question, evidence of the tree's condition before it fell matters a great deal. Think about what a reasonable owner would have noticed and done.

• Earlier photos showing dead branches, fungus, a lean, cracks or exposed roots.
• Any letter, text or conversation where you or someone else warned the owner about the tree.
• Whether the tree had been pruned, inspected or assessed, and what the report said.
• The condition of the stump and trunk after the fall, which you should photograph before anything is cleared.

Shared fault and more than one responsible person

Where damage is caused by the fault of two or more people, liability to make good the damage is divided in proportion to the degree to which each was at fault under the Negligence Act. So a neighbour who failed to deal with 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 you, the claimant, are not at fault, they are jointly and severally liable to you and can claim contribution from each other in proportion to fault. That can matter if, for example, a tree owner and a contractor are both blamed.

Bylaws, insurance and where to bring a claim

There is no single provincial tree code for neighbours. A council may by bylaw regulate, prohibit and impose requirements in relation to trees, so rules on pruning, removal and permits vary by municipality. Those bylaws do not apply in some situations, such as forestry practices under a Forest Act tenure or tree cutting by a utility on its own land for safety or maintenance of its infrastructure. Check your municipality's website before you cut anything, including a branch on your side of the line.

Time limits apply. A court proceeding generally must 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 an act or omission caused it, that it was the defendant's, and that a court proceeding would be an appropriate way to seek a remedy. Exactly when that day falls in your case depends on your situation, so do not wait, and confirm the date with a lawyer.

What to do next

• Make the area safe and photograph the tree, the stump and all damage before cleanup.
• Keep receipts for emergency repairs and tree removal.
• Notify your home insurer promptly and ask what your policy covers.
• Write to the neighbour, calmly describing what happened and asking them to contact their insurer.
• Gather any earlier photos or messages that show the tree's condition.
• Note the date of the fall, and remember that the 2-year limit generally runs from the day the claim is discovered, not simply from the fall.
• If the loss is significant or the neighbour disputes responsibility, speak with a lawyer about your options.

Frequently asked questions