Discussions

Need some advice... or if anyone knows who I should talk to in the city, or if there is a bylaw.  
 
Got a neighbour that his tree is encroaching over the fence line into our property. We had asked them to cut the tree back to fence line, but did a poor job because they are concerned about tree living vs the tree keep growing and potentially breaking and damaging the fence and other things on our property in the future. I did bring this up again, but nothing has been done.  
 
Wondering am i allowed to cut the branches that encroach onto our property? And do i need to tell them or can i cut it back without telling them.  
 
Anyone elses experiences woild be appreciated.

The City will tell you to work it out with your neighbors.  
Ask them again to cut it back.  
If they don't, anything that is hanging on or over your property is yours to trim as you please.

IMO, if you already told them to cut it back again there is no point in asking again. I would cut whatever is hanging into your property.  
I still get confused as to why a person would plant a tree close to fence or even towards another person property line, as it turns into a liability if that tree causes damages to a neighbour or even city property.  
Clearly they do not think about the future and how the tree will grow.

Why not look at it as a beautiful living tree providing shade in the summer and a colourful canvis in the fall. It provides a home for birds and squirrels. It's a tree! It's not worth going to war with your neighbours.

I don't think the OP is mentioning anything about getting rid of the tree???  
sounds like it is a problem into their property and wanting them to trim back. don't think its about war.. but more so common sense and upkeep. If a neighbour asks you to trim back to fence line until satisfied then it should be done. The animals can still live in the tree regardless.  
 
I mean if that tree falls into their property and damages anything especially fence, then that neighbour with the tree is liable to fix anything.

I had the same situation only they had a elm tree. It was over their fence hanging over our roof causing a lot of problems such as debris from seedings every spring clogging up the gutters and chucks of branches after a storm ruining our shingles. I had a arborist come over to cut the tree on our side and they told the neighbors that if they cut our side the tree will start to bend over to their roof and cause the same problems. We ended up having to take to whole tree down it was too close to the houses anyways. I paid for our side and they paid for their side. It cost them more for they had to deal with the trunk and branches and on our side only the branches.

City, by law and police all told us at the time we can cut whatever is over on our property... best part was a wind storm came before hand and knocked the branches over then the neighbour's were scared cause they were liable for damages to our property

We don't have a problem with trees. However we live in west end of city in newer old area, and as many of you know we have small backyards. I get one tree in middle of the property, however, they have 6 trees in their backyard alone and they are all across the property around fence line. Most of the trees are issues, or will be in the future. But they still don't get it!  
 
I was told my bylaw I can cut whatever i want over the property line, and it is my responsibility to do so. Damages that occur by the tree to is the tree owner responsibility.

I had a couple large maples in my yard that leaned over towards the neighbours yard, and, when they were building an addition on the front of their house I offered to remove them before they started, but would have to drop them across their front yard where the new addition had yet to be built. They declined. Fast forward a few years and a windstorm dropped the two large maples right on top of their new addition. I walked over and said I would contact my insurance company believing I was liable, and, was informed that in fact it was their insurance that had to take care of it. I offered to split their deductible and got a snotty response so I let them pay their deductible and it was their insurance that cleaned up the trees and repaired their house. I was left to deal with the two 8 foot stumps on my property, that was it.