Falling branches from neighbour’s trees leave Newcastle couple with growing expenses
Municipality only intervenes if trees deemed dangerous

durhamregion.com
Dec. 3, 2015
By Jennifer O'Meara

A Newcastle couple says they can no longer use their backyard since the 2013 ice storm, because large tree branches keep falling onto their property.

“If this was backing onto a ravine lot (fine) but these are 20 feet from my house and 50 feet up,” said Aaron Chapman.

Mr. Chapman and Christine Zealand have eight silver maple trees neighbouring their backyard, which they estimate have caused $20,000 in damages to their property. When the 2013 ice storm hit, branches crashed through the fencing and into their pool. The family went through insurance to repair the backyard and removed the pool.

Just before Halloween this year, another large branch fell on the new fence, damaging it, patio equipment and potentially a retaining wall and gas line. It could cost up to $5,000 to repair, according to a contractor from the couple’s insurance company.

The couple wants every tree removed, however they don’t own the trees. Trees on private property are the responsibility of that owner. The neighbour, who did not respond to a request for comment, has trimmed the trees. Removing all eight trees would likely cost thousands of dollars.

Municipal bylaw officers only get involved in neighbour disputes when the trees are dangerous.

The trees backing onto the Newcastle couple’s property are reasonably healthy but not sound. Silver maples are quick-growing and the branches aren’t very strong.

“They are a fast-growing tree and years ago that was one of the chosen trees because they grow quickly and they’re green and beautiful. The problem is they’re not long lasting. They’re weak-wooded,” said Bob Genosko, Clarington operations supervisor.

Silver maple can be saved by thinning out the branches. Unless there is serious rot and the tree is unhealthy, an arbourist would be unlikely to recommend removing the entire tree.

“We’ve extended the life of many silver maples by doing a pruning,” said Mr. Genosko.

Municipal staff only trims or removes trees on municipal property.

The couple has trimmed branches hanging over their property, at their own expense. However, they have to be careful. If a neighbouring tree is over-trimmed and damaged, a neighbour can sue. They say they feel nothing will be done until the falling branches injure someone.