Is dumping snow into neighbor's propery a trespassing?

[harryN]

My neighbor has been shoveling snow from his yard. over our fence, into the side of my house. Is this considered a trespassing since he does this from his property?

HN

 

[justalayman]

The state will make a difrerence as to whether notice is required for it to be a trespass but if notice is given (where required) and in states that do not require notice, yes, it is a trespass.

If the snow actually damages anything he would be liable for the damages as well.

 

[harryN]

What is a notice!!

Thanks Mr J.Layman, I know nothing about law, so forgive me if you can explain more about "the notice". I've already sent my neighbor a registered letter asking his family to refrain from dumping snow into my yard. Is this letter served as a "notice" you talk about? We've been keeping peace with him since his family moved in the neighborhood couple of years ago; even there're had been incidents occurred that if it was some body else, police would have been at his door step so many times.

HN

 

[quincy]

Thanks Mr J.Layman, I know nothing about law, so forgive me if you can explain more about "the notice". I've already sent my neighbor a registered letter asking his family to refrain from dumping snow into my yard. Is this letter served as a "notice" you talk about? We've been keeping peace with him since his family moved in the neighborhood couple of years ago; even there're had been incidents occurred that if it was some body else, police would have been at his door step so many times.

HN

What is the name of your state, harryN?

 

[harryN]

North of Buffalo

What is the name of your state, harryN?

Mr Quincy,

Unfortunately, I'm not a US citizen. I live North of Buffalo NY, a province of Canada called Ontario. .

 

[justalayman]

Mr Quincy,

Unfortunately, I'm not a US citizen. I live North of Buffalo NY, a province of Canada called Ontario. .

Then not a single word I typed means a thing. This is precisely why you are asked
To provide your state when starting a thread

 

[harryN]

Still apprecated

Then not a single word I typed means a thing. This is precisely why you are asked
To provide your state when starting a thread

Mr Layman,
Your reply is appreciated. I did choose code "0000" as non-US when registered. I understand each state/country has its own law/regulation. The question I asked just to see there's any merit to call the action of dumping unwanted stuff (in this case snow) into someone's property is an act of trespassing. Canada is considered a US's "cousin"; a certain law might be similar on both side of the border was what I thought and I might be wrong.

HN

 

[quincy]

Mr Layman,
Your reply is appreciated. I did choose code "0000" as non-US when registered. I understand each state/country has its own law/regulation. The question I asked just to see there's any merit to call the action of dumping unwanted stuff (in this case snow) into someone's property is an act of trespassing. Canada is considered a US's "cousin"; a certain law might be similar on both side of the border was what I thought and I might be wrong.

HN

The laws of Canada differ significantly from the laws in the US and its different states. FreeAdvice handles US law questions and US legal concerns only. You will not want to look to US laws for legal issues you have in Ontario.

With that said and with your understanding that I do not know the laws that cover snow dumping in Ontario - and because I had some time to do a quick Google search - here is a link to Ontario's "Trespass to Property Act:"

https://www.ontario.ca/laws/statute/90t21

And here is a link to the Ontario Ministry of Agriculture, Food and Rural Affairs on "Top 10 Common Law Drainage Problems Between Rural Neighbors," provided only because I think snow dumping might relate more directly to surface water drainage than it does to trespassing (but I could be wrong):

http://www.omafra.gov.on.ca/english/engineer/facts/98-015.htm

For free online legal assistance in Canada, you might want to try http://www.legaline.ca/