Tree Removal Agreement Between Neighbors for Canada

Tree Removal Agreement Between Neighbors Template for Canada

A legally binding agreement used in Canadian jurisdictions between neighboring property owners regarding the removal of trees that affect both properties. This document outlines the terms and conditions for tree removal, including cost sharing, contractor requirements, liability allocation, and cleanup responsibilities. It ensures compliance with local municipal bylaws, provincial property laws, and environmental regulations while providing a clear framework for executing the tree removal process and preventing potential disputes between neighbors.

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What is a Tree Removal Agreement Between Neighbors?

The Tree Removal Agreement Between Neighbors is an essential legal document used in Canadian jurisdictions when neighboring property owners need to collaborate on removing trees that affect both properties. This agreement becomes necessary when trees are located on or near property boundaries, have root systems or canopies extending across property lines, or when removal work requires access to both properties. The document ensures compliance with municipal bylaws, provincial property laws, and environmental regulations while clearly defining responsibilities, cost sharing, and liability allocation. It helps prevent disputes by establishing a formal framework for the removal process, including contractor requirements, timeline, cleanup obligations, and any necessary permits or approvals. This agreement is particularly important given the complex nature of Canadian property laws and varying municipal requirements regarding tree removal.

What sections should be included in a Tree Removal Agreement Between Neighbors?

1. Parties: Identification and details of both neighboring property owners

2. Background: Context of the agreement, including tree location and reason for removal

3. Definitions: Key terms used throughout the agreement

4. Tree Description and Location: Detailed description of the tree(s) to be removed and their precise location

5. Scope of Work: Specific details of the tree removal process, including methodology and timeline

6. Costs and Payment: Allocation of costs between parties and payment terms

7. Permits and Approvals: Requirements for obtaining necessary municipal permits and approvals

8. Access and Working Hours: Terms for accessing the property and permitted working hours

9. Liability and Insurance: Assignment of liability and insurance requirements

10. Property Protection: Measures to protect both properties during tree removal

11. Cleanup and Disposal: Requirements for site cleanup and wood/debris disposal

12. Dispute Resolution: Process for resolving any disputes between parties

13. Governing Law: Specification of applicable Canadian provincial law

14. Entire Agreement: Standard clause confirming this document represents the complete agreement

What sections are optional to include in a Tree Removal Agreement Between Neighbors?

1. Heritage Tree Considerations: Additional requirements if the tree has heritage status or protection

2. Contractor Requirements: Specific requirements for hiring and managing professional tree removal services

3. Root System Management: Special provisions for managing shared root systems with other trees

4. Replacement Planting: Terms for planting replacement trees if required by local bylaws or mutual agreement

5. Environmental Protection Measures: Special provisions for protecting wildlife or sensitive environmental areas

6. Property Line Survey: Requirements for surveying if tree location relative to property line is disputed

7. Utility Protection: Special provisions if the tree is near utility lines or infrastructure

8. Seasonal Considerations: Specific timing requirements based on seasonal factors or bird nesting periods

What schedules should be included in a Tree Removal Agreement Between Neighbors?

1. Schedule A - Property Plans: Drawings or plans showing tree location and property boundaries

2. Schedule B - Photographs: Current photographs of the tree and surrounding area

3. Schedule C - Municipal Permits: Copies of required municipal permits and approvals

4. Schedule D - Contractor Details: Information about the selected tree removal contractor and their credentials

5. Schedule E - Cost Breakdown: Detailed breakdown of all costs and payment responsibilities

6. Schedule F - Timeline: Detailed project timeline and work schedule

7. Appendix 1 - Arborist Report: Professional assessment of the tree and removal recommendations

8. Appendix 2 - Insurance Certificates: Copies of relevant insurance documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Relevant Industries

Real Estate

Property Management

Environmental Services

Legal Services

Insurance

Construction

Urban Planning

Forestry

Municipal Services

Residential Property

Relevant Teams

Legal

Property Management

Environmental Compliance

Risk Management

Real Estate Operations

Construction Management

Municipal Relations

Document Control

Regulatory Affairs

Customer Relations

Relevant Roles

Property Manager

Real Estate Lawyer

Municipal Planning Officer

Arborist

Environmental Compliance Officer

Insurance Adjuster

Urban Forester

Property Developer

Construction Manager

Risk Management Officer

Legal Counsel

Homeowners Association Manager

Building Inspector

Environmental Consultant

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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