B.C. homeowner sues after his trees trimmed against his wishes

The Lions Bay homeowner says his trees had limbs removed to open up the views from his neighbours' house

Published Sep 03, 2024  •  Last updated 0 minutes ago  •  2 minute read

A Lions Bay resident who lives at 130 Isleview Place (left) is suing his neighbour across the street at 195 Isleview Place (right) after trees were trimmed to improve the view before listing the home for sale. Photo by Jason Payne /PNG

A Lions Bay homeowner is suing neighbours who he alleges trimmed trees that were solely on his property after he wouldn’t trim them to improve their water views.

Lawrence Hislop, a photographer, is suing neighbours Kevin Tyson, a financial adviser, and Caroline Tyson, an emergency physician, according to the claim in B.C. Supreme Court.

Their two properties are adjacent on Isleview Place but separated by a city lane, according to the claim.

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Hislop says Kevin Tyson has asked him in past to remove some branches of trees on his property, “which block his view of the water.” And the claim says the Tysons have listed their house for sale for $2.3 million, including as features “stunning ocean views and captivating sunsets.”

Hislop said the trees are solely on his property and branches don’t overhang on to the Tyson property.

He also said in the claim that aside from one time in the past, he has never agreed to trim the trees on his property.

And “at no time … (did he) allow or consent” to the Tysons entering his property and altering the trees, it said.

In March, his neighbours, or someone working for them, “deliberately trespassed on to the property and limbed a number of trees,” causing “permanent” damage to the trees, leaving lumber behind and damaging his fence, said Hislop in the claim.

He said it’s going to cost him to repair the fence and to replace the damaged trees with “new trees of the previous height, maturity and appearance.”

Hislop said his loss and damage includes the loss of amenity, privacy and quiet enjoyment of his property, reduction in property vales and costs of reforestation and debris removal.

He is seeking unspecified damages and a permanent injunction to prevent the Tysons from entering his property. And he is asking the court to order his neighbours to provide to Hislop any increase in value of their property between March 2024 and the date of the trial, the claim said.

Messages requesting comment were left with Hislop, and the Tysons couldn’t be found. None of the allegations have been proven in court.

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