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

[Kuta, Gerry]

Situations whereby roots that are allegedly damaging the publicly owned
portion of driveways could be referred to your "streets maintenance"
folks (c/w photos) as they are likely in the best position to determine
priority, if the tree roots are to be implicated and if any remedial
repair action is required. They also may be in favour of a work around
in order to keep the tree if the request for inspection is received from
you and repair is warranted. 
Additionally, the property owner may wish to obtain a structural
engineer's report to back the claim of damage beyond the R.O.W. property
line. This report would likely take into consideration the distance of
the trunk and major roots to the driveway and the current slope and soil
profile under the alleged damaged portion of the driveway. This report
would cost the property owner money and may serve to be a deterrent for
any further action on the matter; if you can request it from the owner.
In Winnipeg, if the structurally safe tree is not obstructing the view
for vehicles and pedestrians, it is considered a valuable asset to the
street and community and will remain. Our by-law covers above ground
obstructions to movement and visibility.

HTH,
-gerry

-----Original Message-----
From: canufnet-bounces at list.web.net
[mailto:canufnet-bounces at list.web.net] On Behalf Of Sheila Flint
Sent: February 19, 2008 1:55 PM
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
forest" - Jim Skiera
This communication is intended for the recipient to whom it is 
addressed, and may contain confidential, personal, and or privileged 
information. Please contact the sender immediately if you are not the 
intended recipient of this communication, and do not copy, distribute, 
or take action relying on it. Any communication received in error, or 
subsequent reply, should be deleted or destroyed.