Autumn has arrived. Leaves are changing colour and falling. But what if they’re from your neighbour’s tree and falling in your yard? Whose job is it to pick them up? How about if it’s apples from your neighbour’s tree? Are you allowed to eat them? Try this short quiz to learn about some of the legal challenges that can befall you in the fall!
Quebec’s Civil Code is clear on this subject: “Fruit that falls from a tree onto neighbouring land belongs to the owner of the tree.” If your neighbour asks for the fruit, you have to allow them to pick it up, or you must return it to them. However, the fruit’s all yours if they don’t want it! So, it’s best to talk things over with your neighbour before pulling out your apple crumble recipe!
The law does not provide a specific date when a landlord must start heating an apartment.
If your landlord provides the heat for your apartment, they must ensure that your place is heated adequately throughout the entire lease. This means they must provide heat even in September or March, if necessary.
In other words, a lease can’t have a clause providing a date when the landlord will begin to start heating or a date when they will stop heating your place.
Courts generally consider that removing leaves in autumn is a normal inconvenience of living alongside neighbours. However, it can become “abnormal” when the quantity is excessive, it happens repeatedly and it causes you a major inconvenience. So, you could ask your neighbour for compensation if this problem goes beyond routine maintenance. You would have to show you’ve suffered real harm due to this situation.
In Quebec, hunters must receive permission from a property owner before hunting on their land.