A Homeowner is Charged in $35K in Court for Cutting Down a Neighbor’s Trees to Improve the Lake View
In the world of real estate, they say it’s all about location, location, location. But what’s a homeowner to do when their location would be absolutely perfect if only their neighbors cut down some trees?
According to the final legal documents shared by the Provincial Court of British Columbia on Aug. 19, 2026, a woman named Jacalyn Hays (the claimant) accused her neighbors of cutting back the trees growing on her property in order to improve their view of Shuswap Lake.
In the court documents, Hays accused six people—William Olthius, Shelly Fenton, Alan Fenton, Elizabeth Fenton, Lee Fenton, and Cheryl Fenton (the defendants)—of trimming the tops of her trees to improve their view of the lake.
While the homeowner says she originally permitted the defendants to trim some of the smaller trees at the edge of her property line, she says that they went far beyond what had been agreed upon, cutting some of the mature trees down to the ground and leaving debris everywhere. As a result, she wanted the courts to review the case and asked for financial compensation of $35,000.
A Homeowner Took Her Neighbors to Small Claims Court Over the Trees
Woman awarded $35,000 after court determined her neighbours cut her trees ‘to improve their view’ https://t.co/4yOoYePfYx
— CTV News (@CTVNews) August 26, 2026
The claimant said she had permitted her neighbors to trim back some of the trees at her vacation home, as long as they limited the work to small saplings that were located toward the top of the hillside and between the two property lines, and as long as they didn’t cut anything more than three inches in diameter.
She also granted permission to top the trees, leaving at least six or seven feet of tree standing after they were done. Finally, she requested that the defendants clean up after themselves and remove any debris left behind by the trimming, since it could pose a fire hazard.
The Defendants Went Beyond What Was Originally Agreed On
According to the court documents, the claimant left the morning they began cutting down the trees in July 2021 and wasn’t set to return until October. When she did, she said that she found that the defendants had not only cut down more than they were permitted, but they had also left a mess for her and her son to clean up, including a mature birch tree that was 50 feet tall.
When the claimant approached one of the defendants (who was in his 80s at the time), he said he thought they had permission to cut back whatever they wanted.
A $35,000 Payout Was Awarded to the Claimant
In an odd twist of fate, the claimant recorded a conversation she had with one of the older defendants, in which he admitted to making a mistake and said, “I have to take responsibility.” Unfortunately, he passed away before the court could make a ruling, so the recording was considered part of the evidence.
In the end, the claimant was awarded the maximum payout allowed in small claims court, which is $35,000. While Canada’s rules are slightly different from U.S. rules in this regard—payouts can range from state to state, according to the Super Lawyers blog, with places like Kentucky maxing out at $2,500 while states like Delaware top out at $25,000—there are still some pretty strict rules about cutting trees growing on someone else’s property.
Hopefully the claimant feels a little better about things now that the courts have ruled, and she can use a bit of that money to purchase some mature trees to re-line her property.
