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

[pwynnyczuk at richmondhill.ca]

Hi there,
Short answer in my understanding property owners no matter who they are 
own up to the property line.   Not a policy, but a practice
You have the option of trimming the offending roots at the property line 
to prevent any further impact on the driveway taking into account: 
1) Impacts on tree health buy root pruning
2) the age of the driveway
3) pre-existing condition of the driveway
4) surface texture of  drive, interlock, gravel. paved etc.
5) determining the  risks to the Municipality of doing nothing to the 
roots

 Regards,
Peter Wynnyczuk



"Sheila Flint" <flint at strathcona.ab.ca> 
Sent by: canufnet-bounces at list.web.net
 
02/19/2008 02:54 PM
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[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
forest" - Jim Skiera
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