Usually, a neighbor is not responsible for damage caused by natural soil conditions. For example, if rain drips from a neighbor`s yard on your property, making your lawn muddy and killing the grass, your neighbor probably isn`t responsible. However, if a neighbour changes owners and the change results in more rainwater flowing onto your property than before and causing damage, your neighbour may be financially liable to you. Similarly, your neighbor can be held liable if he acts negligently. An example of negligence could be letting a sprinkler run for too long so that it floods your property and causes damage. Learn about your legal rights and options if you have a problem with a neighbor. Solve problems such as noise, clutter, dogs, fences, trees, second-hand smoke, water damage, and intrusions. Trespassing – Harassment – Neglect – Access to fence work – Access orders – Neighbouring Lands Access Act, 2000 – Easements – Rights of way – Privacy – Video surveillance and neighbours. If a tree on your property damages your neighbor`s property in any way (such as a branch falling on the roof during a storm), you are not responsible for the damage unless it was caused intentionally or negligently.
Negligence means that you were not reasonably careful or warned or that you knew that the tree was damaged or diseased and could fall. But if your tree`s roots go under its property and damage its pipes, lawns or foundations, you may be liable for harassment at common law. Whether you will be held liable for damages depends on the facts of the case, but usually the courts do not allow the use of property that causes significant inconvenience to others or damages their property. If you can`t resolve the issue directly with your neighbor, you may want to consider mediation. This means that you and your neighbour will meet with a mediator who will help you reach an agreement. Mediation is much cheaper and faster than legal action and can help maintain a good neighbourly relationship. If a neighbor builds a fence or other structure, such as a shed, that engages (goes further) into your property, this is also a form of intrusion. Often, the intervention is not intentional and can be corrected by surveying. If you have talked to your neighbour about the issue and have received a survey showing that the structure is involved, you can sue your neighbour for trespassing.
A court may order the neighbour to remove and move the fence or structure away from your property. Dial-A-Law has more information about living in your home in the Home & Neighbors section. A principle developed by Lord Atkin in the famous Donoghue v Stevenson case [1932] AC 562 (HL Sc) (bottled snail) to determine when due diligence might occur. The principle states that reasonable precautions must be taken to avoid acts or omissions that can reasonably be presumed to cause harm to the neighbour. A neighbour has been identified as someone who was so closely and directly affected by the act that he must be considered when directing his mind to the acts or omissions in question. Most municipalities have ordinances to control garbage, garbage, overgrown yards or abandoned vehicles. For example, in Vancouver, every homeowner must keep their property in a clean and tidy condition, according to a reasonable standard of maintenance that is common in the neighbourhood. In these cases, it is best to talk to a neighbor if possible. If this fails or is not possible, your next step is local government. Explain your situation to the person enforcing the by-laws.
You can investigate and, if your complaint is justified, order the landlord to clean up the property. If the owner does not do so, the municipality can clean it at its own expense. Mediation – Community Justice Centres – Legal action – Legal assistance. But the court must not follow this doctrine. Or it may apply it in an unexpected way. If a dog bites you and you want to know your options, contact a personal injury lawyer. The lawyer placement service can refer you to a lawyer for a free half-hour legal consultation. Call 1-800-663-1919 or visit their website. Local ordinances often control the height of a fence, both natural fences, including hedges, and those constructed of wood, stone or other materials. If your neighbour builds a fence higher than municipal by-laws allow, you can talk to them about it. You can also call the city, which can order the person to obey the law.
Without a complaint, your municipality is unlikely to inspect neighbourhood fences to determine if they comply with elevation orders. If your neighbor`s smoke gets into your home, you should talk to them first. If that doesn`t work, what needs to be done depends on the situation. Is the smoke coming from a tenant? If so, does the lease prohibit smoking? Otherwise, you still have the right to enjoy your property quietly, and smoke may violate that right or be a nuisance under the common law.