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{{Dial-A-Law TOC|expanded = housing}}
Many of us have had occasional problems with neighbours involving noise, untidy premises, dogs, fences, trees and hedges, secondhand second-hand smoke, water damage, or trespass. This script describes the laws that deal with these types of problems. In most cases, you can try talking to the person causing the problem. They may not be aware of the effect they’re having on their neighbours and talking to them may solve the problem. But However, if that doesn’t workspeaking with your neighbour is not possible or has not solved the problem, you have other options, which described in this script describes.
If that doesn’t work, call your city hall and ask if there is a noise bylaw. If there is one, talk to the person who enforces it. For example, in Vancouver, you would call the Environmental Health Officers. Each municipality’s noise bylaw is different, but most are quite broad. In Vancouver and many other municipalities, the bylaw covers noise from animals including dogs and birds, heavy-duty equipment, lawnmowers, loud parties, stereos and many other things. Usually, the municipality’s enforcement officer will try to solve the problem informally. If they can’t, they may prosecute the person in court for violating the bylaw.
If the noise is on a weekend or at night, and city hall is closed, you can call the police. And if If a person is screaming, shouting, swearing or singing to the point they are creating a nuisancefor others, they may be causing a common disturbance – an offence under the ''Criminal Code''. In all these cases, call the police and report it. The ''Criminal Code'' is available at http://laws-lois.justice.gc.ca.
You can also sue the person causing the noise. You could sue for damages for nuisance or negligence, or ask the court to order the person to stop the noise. Note, however, that this can be a lengthy, expensive, and often a stressful process and you are not guaranteed a positive outcome. Further, there may be circumstances where there is a perceived nuisance, but no options available. For example, if a noise or odour is permitted by zoning or custom (e.g. in an industrial or agricultural area), then there may not be an option available for a neighbour. Additionally, a court may determine that the noise/odour isn’t substantial enough to constitute a nuisance.
Local bylaws cover licensing and may prohibit dogs from being in certain places. You can find a copy of local bylaws at your public library, courthouse library, or local government offices. Many local bylaws are also available on the municipality’s website.
Many local governments have passed bylaws to prohibit dogs running loose. In Vancouver, for example, dogs cannot be on the street or in a public place unless they’re on a leash not more than 8 feet long (2.5 meters) – except in off-leash parks. As well, female dogs must be kept confined and housed indoors when they’re in heat.
The Vancouver animal control bylaw also requires “aggressive” dogs – dogs those with a known tendency to attack or bite, or dogs that have bitten another domestic animal or person without provocation – to be muzzled or kept indoors or in a pen. The city may seize and impound (for up to 3 weeks) a dog that has bitten someone. A dog found running loose, or unlicensed, will be taken to the Pound and, if it isn’t claimed within three days, it may be put up for sale or destroyed. The owner could also be charged fees for impounding the dog, keeping it at the Pound, and any veterinarian veterinary services it needs. The owner may get a ticket be fined for violating the bylaw.
Health bylaws in Vancouver and elsewhere prohibit dogs in restaurants and other places where food is kept or handled. The These bylaws don’t apply to private homes or nor do they prohibit “seeing-eye” or other types of service dogsfrom entering restaurants or other public establishments.
Vancouver has a “pooper-scooper” bylaw, and your municipality may have one too. It requires requiring that you to pick up your dog’s excrement if it’s on property that is not yoursyour own. If you don’t, you Failure to do so can be fined result in a fine of up to $2000. This law does not apply to working “seeing-eye” dogs or service dogs working with people with disabilities.
Vancouver’s animal control bylaw also regulates the noise of barking or howling dogs. For example, if your neighbours complain that your dog’s barking unreasonably disturbs the peace and quiet of the neighbourhood, you could be fined up to $2,000. Other local governments also regulate dog barking in their noise-control bylaws.
If your neighbour’s tree branches hang over your property, you can cut them, but only up to the property line. You cannot go onto your neighbor's property or destroy the tree. The reverse case is also true.
If a tree on your tree property somehow damages your neighbour’s property, (for example, a branch falls on their roof during a storm), you are you not responsible? No, not for the damage unless you it was caused the damage intentionally or through negligence. Negligence means you did not take reasonable care or you were warned or knew the tree was damaged or diseased and may fall. But However, if your tree tree’s roots go under their property and damage their pipes, lawn, or foundation, you may be responsible under the common law principle of “nuisance”. It Whether you will be liable for any damages depends on the facts of the case, but normally, the courts will not allow use of a property that causes substantial discomfort to others or damages their property. Second-Hand smokeIf your neighbour’s smoke comes into your house, as in all these cases, your first course of action should be to speak with the neighbour. If that doesn’t work, what to do depends on the situation. Does the smoke come from a tenant? If so, does the lease prohibit smoking? If not, you still have the right to “quiet enjoyment” of your property, and the smoke may violate that right or be a nuisance under at common law. Consulting a lawyer is the best way to become informed of your rights if you wish to proceed legally against bothersome second-hand smoke. Water damageNormally, a neighbour is not responsible for damage caused by the natural conditions of land. For example, if rain runs from a neighbour’s yard onto your property and makes your lawn soggy and possibly kills the grass, your neighbour is not likely responsible. However, if a neighbour changes his or her property and the alteration causes more rainwater to come run onto your property than was previously experienced and causes damage, your neighbour may be financially liable to you. Similarly, your neighbour may be liable where he or she is negligent. Examples of negligence in this case could include leaving a sprinkler running too long that in turn floods your property and causes damage. As negligence is part of common law, speaking to a lawyer about your options would be helpful if you wish to proceed legally.