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Can I Trim or Remove Trees That Grow on the Edge of My Acreage?

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Living on a rural acreage outside Calgary, it is common to have trees along fence lines or natural areas that spread branches or roots into your yard. When a neighbour’s tree encroaches over your property line, the question becomes: can you trim it, or even remove it?

This issue involves property rights, Alberta common law, municipal bylaws, and potential liability. Before touching a tree that crosses a boundary, it’s important to understand where your rights end and where the law steps in.


What You Can Legally Trim: Understanding the “Self-Help” Right

In Alberta, landowners have a common law right to trim any part of a neighbour’s tree, branches or roots, that extend over the property line. This right is known as “self-help,” but it comes with limits.


  • You can trim only the part of the tree that intrudes onto your property.

  • You cannot cross the boundary onto the neighbour’s land without permission.

  • You must trim in a way that does not unreasonably harm the tree.


In other words, if the branches overhang but the trunk is on the neighbour’s side, you may trim the overhang, but only from your side.


Contact Evergreen LTD for professional tree trimming that protects both your rights and the tree’s health.


What You Cannot Do Without Permission

While trimming overhanging parts is allowed, you cannot remove the entire tree unless:

  • The entire trunk lies on your property.

  • The tree is jointly owned (i.e. a boundary tree), and both parties consent.


A boundary tree with its trunk straddling the property line may be considered co-owned, meaning unilateral removal could expose you to legal claims.


Removing or damaging a tree beyond what is necessary could result in:

  • A lawsuit for damages (loss of tree value or replacement cost).

  • A claim of trespass if you enter the neighbour’s land without consent.

  • A negligence claim if trimming causes harm to structures or property.


Improper trimming that harms a tree’s health may result in court-ordered compensation.


Before any major tree work near a boundary, book a consultation with Evergreen LTD to avoid legal risk and ensure proper care.


Municipal Bylaws and Local Restrictions

Even outside Calgary city limits, municipal and environmental bylaws can affect what tree work is allowed.


In rural municipalities or counties, bylaws may regulate:

  • Tree removal near riparian zones or protected lands.

  • Trimming or removal of heritage or protected species.

  • Setback rules or tree maintenance responsibilities.


Inside Calgary, city bylaws prohibit pruning or removing city-owned trees, and trimming disputes between neighbours are considered private matters unless public safety is at risk.


If your acreage borders:

  • Environmental reserves

  • Wetlands or waterways

  • Conservation easements


then provincial laws like the Water Act may apply, and tree removal could require special approval.



Disputes, Legal Claims, and Liability

If boundary tree conflicts escalate, the most common legal claims include:

  • Trespass: Entering someone’s land without permission.

  • Nuisance: When a tree’s roots or branches interfere with the enjoyment of your land.

  • Negligence: Causing damage by trimming incorrectly or without care.

  • Injunctions: Court orders to stop or reverse unauthorized tree removal.


Courts typically assess:

  • Whether reasonable care was taken.

  • The extent of the harm or loss.

  • Whether both parties acted in good faith.


Damage awards can include:

  • Appraised value of the tree.

  • Restoration or replacement costs.

  • Loss of functional value (e.g. windbreak, shade).


Avoid costly disputes, hire Evergreen LTD to handle boundary tree work with care, documentation, and ISA-certified practices.


Best Practices for Trimming Trees Along Your Property Line

To stay compliant and maintain good neighbour relations, follow these steps:


1. Confirm Your Property Line

Use a land survey or property marker to avoid trimming on the wrong side.


2. Talk to Your Neighbour

Discuss your concerns and let them know what you plan to trim. This reduces misunderstandings and can lead to cooperative solutions.


3. Hire an ISA-Certified Arborist

A qualified arborist can trim carefully, maintain tree health, and document the work. This helps avoid accidental harm and supports your legal position if challenged.


4. Stay on Your Side

Do not step onto your neighbour’s land without written consent. Even for a few feet, it could be considered trespass.


5. Trim Gradually

Avoid aggressive cuts. Excessive removal can destabilize the tree or cause long-term harm.


6. Keep Records

Document the condition of the tree before and after work, and keep written notes or emails of neighbour communication.


7. Check with Local Authorities

Call your county office to confirm if any permits or restrictions apply. This is especially important near natural areas.


8. Seek Legal Advice When Needed

For complex situations, such as co-owned trees, conservation zones, or neighbour disputes, consider legal counsel.



Protect Your Property and Stay Compliant

On rural properties near Calgary, property owners generally have the right to trim encroaching branches or roots, but they must do so within strict legal and environmental limits. You cannot enter a neighbour’s property or damage a tree more than necessary. Removing an entire tree often requires consent, especially if the trunk lies on the boundary or the neighbour’s land.


Local bylaws, tree protection rules, and environmental laws may add additional layers of restriction. For any tree trimming or removal near property lines, it is best to proceed cautiously, document your work, and work with professionals.


Evergreen LTD’s team of ISA-certified arborists provides expert guidance and service for all your acreage tree care needs. Book a consultation today to ensure safe, legal, and effective tree management.

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