Agrilaw
Barry Elliott Mutual Fund Representative
HUB Capital Inc. 340 Bruce Road 86 R.R. #1 Lucknow, ON N0G 2H0 o: 519-357-1532 c: 519-357-5375
t: 1-877-357-1532 f: 519-357-1532
barry.elliott@hubcapital.ca www.hubcapital.ca
WE PUT THE
WORK
IN OUR FI F ELDS SO YOU GET THE
MOS ST
OUT OF YOU O RS
Our breeding is done e the traditional way, y, in the field, in an effort to bring you the best possible results on your farm. That is why we are e The Leade ders rs in N No on-GM GMO See S dC Co orn rn.
De Dell Seeds
The Leaderrs in Non-GMO Corn De Dell Seeeds • 7095 Century Drive • Melbourne, ON • N0L 1T0 P: 519-2664-CORN (2676) • F: 519-264-2672 info@dedellseeds.com • www.dedellseeds.com
48 The Rural Voice
John D. Goudy is a partner in Scott Petrie LLP Law Firm, and also farms north of London.
Before you cut down your neighbour’s trees, make sure you have permission – Part 1: A recent decision of the Ontario Court of Appeal and the lower court decisions it upheld present a cautionary tale for landowners looking to clear boundary trees. The lesson is that if you intend to remove trees from a neighbouring property, make sure you have the permission of the neighbour. In fact, get written permission. Make a detailed diagram of the area where trees are to be cleared and of the trees to be cleared and get your neighbour to sign off on it (literally). Trees can’t be re-attached to their trunks later if it’s determined that you didn’t actually have permission. In the case at issue, a farmer was having drainage problems on a piece of property. There were two existing municipal drains in the area, but the farmer’s land had no direct outlet to the drains. The neighour’s 40-acre parcel next door to the west was also used as farmland and also suffered from drainage problems. The boundary between the two properties was marked by line of mature trees, some on the farmer’s property and some on the neighbour’s property, and by a minor drainage ditch located within the neighbour’s property that was no longer functioning. The flow
