Neighbours want to cut down our hedge

Hi Cathy;

First, and most importantly, you and your neighbour must determine and agree upon the exact location of the boundary. This dispute is based on a disagreement as to where the boundary is located. The best way to do that is to get a surveyor to stake the boundary out.

The truth of the matter is that one of you is incorrect. Getting a surveyor to stake the boundary out will eliminate the confusion and allow you to have a discussion and negotiation based on factual evidence.

If it turns out that your hedge is, in fact, on your neighbour's property then your neighbour does, technically, have the right to ask you to remove it, or to remove it themselves. However, in the City of Toronto at least, courts have not been kind to those who unilaterally remove/destroy their neighbours' trees and bushes even when they are a significant encroachment. It's a complex issue once it reaches the courts, and to get there you must incur significant expense. Try, if you can, to discuss this amicable and constructively with your neighbour and come to an agreement.

The Protect Your Boundaries Team