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WTF is with people?

datzenmike

By datzenmike
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RatVonDude Apprentice

RatVonDude

Posted
Posted

Taylor guitars have a instrument made out of the original Liberty tree. Unfortunately the people that buy them usually suck at guitar.

 

Actually Seagull is one of the best acoustic guitars made. They come from Canada. Canadian spruce I believe.

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paradime Veteran

paradime

Posted
Posted

Boundary trees are co owned by both property owners and one cannot remove it unless both agree on it. Hartley vs. Scharper Ontario Supreme Court upheld this recently.

All ribbing aside Mike, it sounds like this case is your legal H bomb. Are you going to remain quiet, and mind your own business like a perfect neighbor, or will you pursue restitution to demonstrate there are boundaries, even for perfect neighbors? 

 

Other questions; (1) did your neighbor need a permit to down that tree? (2) Did you give your neighbor written permission to cut down a tree that straddled your property? (3) Did you grant your neighbor permission to enter your property remove the tree? 

 

http://vancouver.ca/home-property-development/tree-removal-permit.aspx

(1) When a permit is needed in Vancouver, BC;

A permit is required to remove a tree or hedge on private property if:

The tree measures at least 20 cm 7.85" in diameter and 64 cm in circumference, measured 1.4 metres above the base of the tree or

The tree has more than one stem at 1.4 metres above grade and the measurements of the largest two or three stems is at least 20 cm in diameter (64 cm  or 25” in circumference) or

The tree row or hedge meets the requirement above or

The tree does not meet the size requirements but was a condition of a plan or permit approval

 

 

Protection of Trees Bylaw in Vancouver BC

The Protection of Trees Bylaw defines when trees can be removed, when they must be replaced, and more. The bylaw requires permits for tree removal in most cases.

On April 16, 2014, City Council amended the Protection of Trees Bylaw to maintain a healthy urban forest. Removed from the bylaw is the ability for an owner or builder to remove one healthy tree per year.

With this amendment in place, tree removal permits will only be issued for the removal of dead, diseased, and hazardous trees, or for trees that are within a building envelope.

Special provisions will be made for tree removal in cases where the retention of an otherwise healthy tree would cause undue hardship. Council has also asked staff to report back on a mechanism to provide compassionate relief for those financially unable to undertake an arborist assessment.

The amendment is similar to bylaws that are in place in many municipalities throughout Metro Vancouver.

 

http://vancouver.ca/your-government/protection-of-trees-bylaw.aspx

(2) Protection of Trees Bylaw 9958

This bylaw affects all private property owners in Vancouver wanting to remove a tree.

If you want to remove a tree, you need a tree removal permit for every tree that has a diameter (width) of 20 cm or greater, measured at 1.4 m  above the ground. A tree trunk with a diameter of 20 cm will have a circumference of approximately 64 cm.

 

Tree removal conditions

On April 15, 2014, City Council amended the Protection of Trees Bylaw to maintain a healthy urban forest. Removed from the bylaw is the ability for an owner or builder to remove one healthy tree per year. 

Property owners may be granted permission to remove trees, if one or more of the following conditions apply:

The tree on a development site is located within the building envelope

The tree is located such that a proposed garage or other accessory building cannot be located so as to retain the tree

An arborist certifies the tree is dead, dying, or hazardous

An arborist certifies the tree is directly interfering with utility wires and cannot be pruned and still maintain its reasonable appearance or health

An accredited plumber certifies that the roots of the tree are directly interfering with, or blocking sewer or drainage systems

 

http://www.richmond.ca/__shared/assets/Good_Neighbour_Program9434.pdf

Tree Removal Permits

Tree removal permits should be displayed in a

visible location. All trees to be retained should

have a prescribed tree protection barrier,

clearly marked as “Tree Protection Zone”.

Unless a valid tree permit has first been

obtained from the City, all existing trees 20cm

calliper or greater located on site, all trees

located on a neighbourhing property within

1.5m of a property line, or any tree located

on City property shall be protected with a

tree protection barrier (see Bulletin Tree-03).

Tree protection barriers are required to be

inspected and approved prior to permit issuance.

 

(2) TRESPASS ACT [RSBC 1996] CHAPTER 462

 

 

Mike, If you don't want to go to all the trouble of filing a suite, try going through your home owner's insurance. They will replace the tree, and do the legal work for you to recover the damage costs from your neighbor. 

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datzenmike Grand Master

datzenmike

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Posted

The land owner is probably ok, it's her (apparently idiot) nephew who only came on the scene in the last 2 years. He lives down stairs and maintains the property. Told me, he didn't ask, he told me he didn't like the tree there and 'we' should cut it down. It drops plums on 'his' lawn. I said no but I could cut some over hanging branches no problem. I checked and the fruit falling on someone else's property is a natural thing just like leaves or pine needles in the gutters. BTW the fruit hanging over the fence belongs to the tree owner. As this tree is smack in the middle of the p/l it's up for grabs. There are two trunks, one definitely on her side and one definitely on the line. The one on her side probably drops the fruit so I have no say or interest if it was cut. The second tree is ours and needs both owners to agree on removal. Even removing over hanging branches can be touchy. If it ruins the tree or kills it or makes it an eyesore you can seek legal action.

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Rjawm Newbie

Rjawm

Posted
Posted

All ribbing aside Mike, it sounds like this case is your legal H bomb. Are you going to remain quiet, and mind your own business like a perfect neighbor, or will you pursue restitution to demonstrate there are boundaries, even for perfect neighbors? 

 

Other questions; (1) did your neighbor need a permit to down that tree? (2) Did you give your neighbor written permission to cut down a tree that straddled your property? (3) Did you grant your neighbor permission to enter your property remove the tree? 

 

http://vancouver.ca/home-property-development/tree-removal-permit.aspx

(1) When a permit is needed in Vancouver, BC;

A permit is required to remove a tree or hedge on private property if:

The tree measures at least 20 cm 7.85" in diameter and 64 cm in circumference, measured 1.4 metres above the base of the tree or

The tree has more than one stem at 1.4 metres above grade and the measurements of the largest two or three stems is at least 20 cm in diameter (64 cm  or 25” in circumference) or

The tree row or hedge meets the requirement above or

The tree does not meet the size requirements but was a condition of a plan or permit approval

 

 

Protection of Trees Bylaw in Vancouver BC

The Protection of Trees Bylaw defines when trees can be removed, when they must be replaced, and more. The bylaw requires permits for tree removal in most cases.

On April 16, 2014, City Council amended the Protection of Trees Bylaw to maintain a healthy urban forest. Removed from the bylaw is the ability for an owner or builder to remove one healthy tree per year.

With this amendment in place, tree removal permits will only be issued for the removal of dead, diseased, and hazardous trees, or for trees that are within a building envelope.

Special provisions will be made for tree removal in cases where the retention of an otherwise healthy tree would cause undue hardship. Council has also asked staff to report back on a mechanism to provide compassionate relief for those financially unable to undertake an arborist assessment.

The amendment is similar to bylaws that are in place in many municipalities throughout Metro Vancouver.

 

http://vancouver.ca/your-government/protection-of-trees-bylaw.aspx

(2) Protection of Trees Bylaw 9958

This bylaw affects all private property owners in Vancouver wanting to remove a tree.

If you want to remove a tree, you need a tree removal permit for every tree that has a diameter (width) of 20 cm or greater, measured at 1.4 m  above the ground. A tree trunk with a diameter of 20 cm will have a circumference of approximately 64 cm.

 

Tree removal conditions

On April 15, 2014, City Council amended the Protection of Trees Bylaw to maintain a healthy urban forest. Removed from the bylaw is the ability for an owner or builder to remove one healthy tree per year. 

Property owners may be granted permission to remove trees, if one or more of the following conditions apply:

The tree on a development site is located within the building envelope

The tree is located such that a proposed garage or other accessory building cannot be located so as to retain the tree

An arborist certifies the tree is dead, dying, or hazardous

An arborist certifies the tree is directly interfering with utility wires and cannot be pruned and still maintain its reasonable appearance or health

An accredited plumber certifies that the roots of the tree are directly interfering with, or blocking sewer or drainage systems

 

http://www.richmond.ca/__shared/assets/Good_Neighbour_Program9434.pdf

Tree Removal Permits

Tree removal permits should be displayed in a

visible location. All trees to be retained should

have a prescribed tree protection barrier,

clearly marked as “Tree Protection Zone”.

Unless a valid tree permit has first been

obtained from the City, all existing trees 20cm

calliper or greater located on site, all trees

located on a neighbourhing property within

1.5m of a property line, or any tree located

on City property shall be protected with a

tree protection barrier (see Bulletin Tree-03).

Tree protection barriers are required to be

inspected and approved prior to permit issuance.

 

(2) TRESPASS ACT [RSBC 1996] CHAPTER 462

 

 

Mike, If you don't want to go to all the trouble of filing a suite, try going through your home owner's insurance. They will replace the tree, and do the legal work for you to recover the damage costs from your neighbor. 

 

So you do know that Vancouver, BC is a large metropolis on the mainland and Mike lives on Vancouver Island, about 40 miles off the coast from Vancouver the city, right?  Most likely none of the cited ordinances even apply to his location.

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MikeRL411 Proficient

MikeRL411

Posted
Posted

The land owner is probably ok, it's her (apparently idiot) nephew who only came on the scene in the last 2 years. He lives down stairs and maintains the property. Told me, he didn't ask, he told me he didn't like the tree there and 'we' should cut it down. It drops plums on 'his' lawn. I said no but I could cut some over hanging branches no problem. I checked and the fruit falling on someone else's property is a natural thing just like leaves or pine needles in the gutters. BTW the fruit hanging over the fence belongs to the tree owner. As this tree is smack in the middle of the p/l it's up for grabs. There are two trunks, one definitely on her side and one definitely on the line. The one on her side probably drops the fruit so I have no say or interest if it was cut. The second tree is ours and needs both owners to agree on removal. Even removing over hanging branches can be touchy. If it ruins the tree or kills it or makes it an eyesore you can seek legal action.

 

Yes but think of all the Slivovitz that you cannot make in the next decade!

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MikeRL411 Proficient

MikeRL411

Posted
Posted (edited)

Re the land owner and the idiot nephew.  You are fortunate not to live in General De Gaul's "Quebec Libre" so the English Common Law applies.  The Law of Agency states that "Those acts which the servant performs on his master's behalf are binding on the master,"  This is the basic statement.  "Master" and "Servant" have been interpreted by modern courts [to the enrichment of numerous lawyers] to the current state of employer / employee or landlord / tenant.  Good luck!

 

I sucessfully employed this legal quirk/precident about 20 years ago when I arranged a sublease of an apartment in London through a certified agent here in Los Angeles and received a confirmation letter specifying the location, inclusive dates and facilities that I was to receive.  Final confirmation was the be sent one month prior to my departure.  SURPRISE!  The agent "forgot" to follow through and appeared to have dissappeared.  I contact the owner of the London based "You have a friend in London" site, and he tried to wriggle out of the whole deal.  I pointed out that he had placed an advertisement in USA papers offering lodging and specifying the agent that I had used as his representative,  A moment of silence folowed by another attempt to wriggle out of my fully documented reservation request to his designated American agent and her written confirmation of my request.  I then hit him with the ultimate gut punch.  "I assume that the English Common Law applies equally in effect in London as in California, so provide the agreed to facilities and dates or subcontract to another provider at my agreed to price, swallow the cost difference due to the very imminent date, or meet me at the local London court house and pay my hotel bill."  I got what I had agreed to!

Edited by MikeRL411
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