Magnolia tree gets caught between two BC stratas in legal fight

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Two neighbouring BC stratas faced off at a tribunal hearing over a Magnolia tree that sits between two properties.

Strata plan LMS 1799 initiated a dispute against strata plan LMS 1800, claiming it failed to maintain the easement walkway as required by an agreement between the two parties.

LMS 1799 asked the tribunal for an order that LMS 1800 remove a magnolia tree allegedly posing a safety hazard. LMS 1799 also asked the tribunal to order LMS 1800 to compensate it for expenses relating to signage and rat control measures.

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In a publicly posted decision, the tribunal said it was undisputed that a shared walkway exists between the two properties. An easement (a right to pass) over the walkway area is registered against both properties.

The easement allows property owners or residents to use the walkway to enter and exit their respective properties.

An easement agreement states that both parties would maintain and keep it in good repair. It is undisputed that a magnolia tree resides on LMS 1800’s side of the property. According to LMS 1799, the tree’s roots have affected the walkway, creating a tripping hazard. LMS 1799 also claimed it was clogging gutters and risking damage to the foundation.

Another claim was that the tree created a rat infestation in the easement and that 1800 should pay for rat control expenses.

Both sides submitted arborist reports. LMS 1800’s report suggested that the magnolia tree’s impact was minimal and that simple pruning and installing a root barrier would mitigate the issue. However, it added that it would be detrimental to the tree’s health and stability, and the only viable option in keeping the integrity of the easement intact was to remove the tree entirely.

Both arborists agreed that tree removal would be a better long-term solution.

The applicant couldn’t decisively prove that the magnolia tree was causing problems for the easement. The applicant also failed to prove that the magnolia tree was causing a rat infestation, and as the tribunal points out, the presence of rats does not signify an infestation.

Ultimately, the tribunal dismissed the legal dispute between the two BC stratas and no damages were awarded to either side.

According to an arborist publication, magnolias have been around for ages.

“Magnolias are believed to be the earliest known flowering plants, with their fossils dating back over 100 million years. Magnolia trees even existed before bees, so they rely on beetles for pollination. Instead of nectar, the flowers produce large quantities of pollen that the beetles use for food.”

You can read more about magnolias here.