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

[Ron Carter]

Sheila.
We have similar situations and do accept responsibility for trees on municipal property regardless of history good or bad.
When our trees are damaging private side structures (driveways, waterlines, etc.) the owners are advised to take it up with our claims dept.
If the tree is worthy of preserving, we keep the tree and usually assist the owner with repairs. If the tree is not worthy and has been linked with the damage, we remove it for sure and leave it to our Claims to settle.
Then there's the boundary tree. A bit more complicated but if its nice and important to the streetscape,  it's better for us to at least cost share and do the required maintenance so the tree gets proper care on our terms.
The private side repairs are done by contractor whether we pay anything or not.
Hope that helps.
Ron Carter
Saanich Parks

>>> "Sheila Flint" <flint at strathcona.ab.ca> 2/19/2008 11:54 AM >>>
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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