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Question regarding techs,trees and annoying neighboursI've never seen a topic like this so i'm curious as to the responses that I will receive. I have a neighbour that has several large trees and overgrown vegetation. They are the sort of people that never go into their backyard and never take care of it. I've asked several times to have their branches that overhang my property cut as well as a tree that begins on their side of the fence but the other 75% of the tree overhangs my property and is directly over my shed. Recently, another neighbour had their maple tree break in a storm and crush their vehicle.I'm worried that their tree poses a safety risk even though it looks healthy and might fall on top of my shed one day. I mentioned several times that I would pay for half of the cost to get rid of the tree but they refuse and want me to pay for all of it to which I won't accept as I have several branches and other vegetation that needs to be removed near power lines that I will need to pay for myself as I have other neighbours that have pools and would like some branches cut so that their own backyards have more sunshine.
My property is larger than the others behind me and my backyard borders with 3 other backyards behind me. Over the last few months, several bell techs have shown up to do work on the lines. They always knock on my door and ask if they can have permission to do work. I asked who the work was for and they mentioned the same neighbour with the overgrown trees and branches. I have allowed them to do the work but i'm wondering if I have a legal obligation to allow them on my property. The reason they keep coming on my side is because I don't have any overgrown stuff on my side and I believe that the only reason they're coming over here is because they have no choice and can't do their work properly on the other side of the fence. Can I simply tell them politely that i don't want them in my backyard or convince them that they tell the neighbour that they are unable to do their work properly because they can't reach the lines because of the overgrown stuff?
I don't see why it should be an inconvenience to me because a tech can't do their work properly because a neighbour refuses to cut anything down. I don't fault the tech in any way as they're just doing their job but I find it ironic that someone refuses to pay to cut anything down and just expects anyone to walk on to my property to do something to help themselves but then refuses to do anything reciprocally for my own family.
I would like it if the tech simply told the neighbour in the future that they would love to be able to fix their issue for them but are unable to because of the vegetation and will reschedule a future appointment once they take care of the problem so that the tech. can do their job properly in the future.
I should also mention that speaking with the neighbour about any issues in the future will not be advisable as the wife became very agitated over the last discussion about the trees so handling the problem by speaking with the neighbour will not be a good form of resolution again. |
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Technically we have a right of way to all utilities from either side. The pole would be on a municipal easement which neither you nor your neighbors own (despite many people believing otherwise). You do have an obligation to allow them access if they can't access it from the other side, and they technically have no obligation to ask you to access the pole, however most of us do ask just to avoid confrontation.
Your other option here is you mentioned there is power on the pole, the hydro/electric company would be the ones that own the pole, if your neighbor refuse to cut the trees, call up the hydro company and inform them it is in need of a trim and they'll come do an awful hack job to allow us access. Despite our legal right to access the pole from your side, we all hate working from the back side of the terminals and would rather work on the proper side, however branches and trees make it extremely difficult. We'd rather not inconvenience you however we do need to restore or repair services regardless of who's property we have to go through.
Call up hydro they're usually out fairly quickly depending on the municipality |
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Ok, cool. Thanks for your reply. |
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Yes, if said trees are on "municipal easement", then call and have the city come and take care of them, regardless if they're in your yard or not. |
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said by donkey77:Yes, if said trees are on "municipal easement", then call and have the city come and take care of them, regardless if they're in your yard or not. Do you mean hydro as well? I'm not familiar with what role my municipality has in regards to this. Usually, the city here in DDO won't do anything about trees unless you want them to pick them up and throw them in a wood chipper. Otherwise, they'll say it's a civil manner before the courts as they never want to get involved or will say the trees are nature and not to harm the tree at all. Even more so with their worries with ash trees and ash tree infestations. |
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My mother has a huge tree in her front yard right beside the sidewalk, it had a branch hanging near her neighbours driveway. It was him who called the city, that eventually sent a crew over to trim the tree.
I have no idea who he called, the hydro lines are located in the backyard so it wasn't hydro Quebec, that I know for sure. |
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to shipster30
If the trees are near a hydro pole, hydro will come trim the trees you just need to give them a ring |
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nitzguy Premium Member join:2002-07-11 Sudbury, ON |
to shipster30
It sounds like the OP is in Quebec based on DDO (sorry on my blackberry so I don't see all the info)....I know Quebec has Civil Law and not Common law like the ROC so...I don't know if all the same rules apply in this case...I think btech is looking at it from an Ontario perspective?
It sounds like an interesting case and hope you can resolve the neighbour situation soon OP. |
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peterboro (banned)Avatars are for posers join:2006-11-03 Peterborough, ON |
to btech805
said by btech805:Technically we have a right of way to all utilities from either side. The pole would be on a municipal easement which neither you nor your neighbors own (despite many people believing otherwise). You do have an obligation to allow them access if they can't access it from the other side, and they technically have no obligation to ask you to access the pole, however most of us do ask just to avoid confrontation. If there is an easement registered on title, and some aren't btw, any utility company cannot transverse any other portion of any abutting property to access their facilities except by way of the easement. Case in point: Bell pissed off a guy up here in cottage country 40 years ago that has an easement for Bell and Hydro and to this day the Bell techs have to use a boat to access a couple terminals that they could easily walk to or drive to other than transversing his property. Hydro can drive across his property but he served a trespass notice on Bell's legal department threatening prosecution if they don't use their easement to get to the terminals. |
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Well that is quite interesting. In some cottage areas going back awhile there are certainly no easements depending on the county. However in the city of Ottawa there is an easement on about 99% of properties including a strip in between adjoining properties. I had no easement on my property prior to amalgamation however now if I look up a title survey there is now, 13 years later I still haven't received a cheque in the mail haha there are no property rights in ontario anymore... |
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