top of page

Can my neighbour force me to remove my tree in Calgary?

ree

Tree disputes between neighbours in Calgary are more common than you might think. Whether it’s an overhanging spruce shading someone’s garden or roots pushing through a fence line, tensions can escalate quickly. But can your neighbour actually force you to remove your tree?


The short answer: No, not unless the tree presents a proven hazard. Here’s what you need to know, and how Evergreen LTD can help keep your trees healthy, safe, and legally compliant.


Who Owns the Tree?

Ownership is the first factor in resolving any dispute:

  • If the tree trunk is entirely on your property, the tree is yours, and your neighbour has no legal right to demand its removal.

  • If the trunk straddles the property line, it’s considered a “boundary tree.” That means joint ownership, and major decisions like removal or heavy pruning require mutual agreement.



What Your Neighbour Is Allowed to Do

Even if they’re unhappy with your tree, your neighbour’s legal rights are limited:

  • They can trim branches or roots that cross onto their property, but only up to the property line.

  • They cannot enter your yard to perform pruning or removal without your consent.

  • They must not damage the tree during any pruning on their side.


This “self-help” approach is permitted under Alberta common law, but comes with risk. Improper pruning can easily injure or destabilize the tree, creating liability for damages.


Avoid disputes: Have Evergreen LTD professionally prune your trees to protect their health and reduce risk.


When Can a Tree Legally Be Removed?

The only time a neighbour, or the City, can require a tree to be removed is when it presents a documented hazard:

  • The tree is visibly unstable or leaning precariously.

  • It’s diseased and at risk of falling.

  • It has already caused damage and the owner was negligent.


In these cases, the City of Calgary may intervene and even issue a removal order.

If damage has already occurred (e.g., roots cracking a foundation), liability is only assigned if the tree owner knew the tree was dangerous and failed to act.


Suspect your tree may be hazardous? Contact Evergreen for a risk assessment before legal issues arise.


Calgary Tree Bylaws You Should Know

Calgary’s bylaws distinguish between public and private trees:

  • City-owned trees (e.g., on boulevards) are strictly protected by the Tree Protection Bylaw. Residents cannot prune, damage, or remove these without permission, doing so can result in fines from $100 to $10,000.

  • Private trees (on your property) are not covered by specific municipal bylaws. Disputes over them are considered civil matters between neighbours.



How to Resolve Tree Disputes in Calgary

Tree-related tensions don’t have to end in court. Here’s how to handle them wisely:

  1. Clarify the boundary

    • Fences don’t always mark the property line. Consider a professional survey if location is in dispute.

  2. Communicate clearly

    • Talk to your neighbour before taking action. Share your plans and listen to their concerns.

  3. Avoid DIY pruning

    • DIY trimming risks harming the tree or violating laws. Hire a certified arborist to do it properly.

  4. Call a professional early

    • A professional tree assessment from Evergreen LTD helps prevent damage, legal issues, and neighbourly drama.

  5. Know when to escalate

    • If conflict persists, mediation or legal channels may be needed, but start with expert advice first.



Why Choose Evergreen LTD?

  • ISA-Certified Arborists trained in Alberta tree care and risk assessment.

  • Trusted local expertise serving Calgary and surrounding areas.

  • Full-service tree care, from trimming to hazardous tree removal.

  • Professional boundary consultations, understand what’s legal before disputes escalate.


Need advice or service? Contact Evergreen LTD today for a consultation. We’ll help you maintain healthy trees, and healthy neighbour relationships.

Comments


bottom of page