[CANUFNET] Privately owned trees on publicly owned road right of way

[Ian Wilson]

Hi Sheila,

We often have the same type of issue.  Even if we didn't plant the tree
we could be held legally responsible if it's hazardous and planted on
public property.  Sometimes we are able to use "moral persuasion" to
convince the owner to help look after the tree themselves.  If you've
done a tree risk assessment and it's not a hazard then you can certainly
choose to leave the tree alone.  

Regarding the driveway, sounds like he just wants to get rid of the tree
and is looking for any excuse.  If it's damaging the portion of the
driveway that is on the County-owned ROW then he may not have any
recourse since it's not his land anyway.  If it's damaging his property
then you may have to do something to mitigate the damage - you might
consider root pruning and putting in a root barrier if the tree is worth
preserving.

Ian Wilson

City of Kelowna



-----Original Message-----
From: canufnet-bounces at list.web.net
[mailto:canufnet-bounces at list.web.net] On Behalf Of Sheila Flint
Sent: Tuesday, February 19, 2008 11:55 AM
To: canufnet at list.web.net
Subject: [CANUFNET] Privately owned trees on publicly owned road right
of way


Good day to all. A resident has approached us to remove a spruce tree
located on his property. The tree is actually on County road right of
way but was not planted by the County or the developer. The tree has
never been maintained by our Parks department. Our legal department has
informed us that it is our responsibility as it is on road right of way.
The resident claims that the tree is hazardous and questions who would
be liable if it were to fall on his vehicle. We have done a hazard
assessment and the tree poses no risk that we can see. 
Legal has informed us that the tree is ours to maintain in the future.
The resident was told that he could not remove the tree as it belongs to
our County. 
Here is the question: The resident has come back stating that the tree
roots from this spruce are damaging his driveway. Does anyone have a
by-law or policy that covers this? 

Sheila Flint
(780) 464-8496
(780) 893-5829

Host of the 2008 Canadian Urban Forest Conference
"You can judge the health of your community by the health of your urban
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