Tree cutter pays penalty

By Dan Hilborn, Burnaby Now assistant editor
Published Nov. 1, 2003


A Burnaby property owner who chopped down a 73-year-old oak tree that was protected by a legal covenant has paid Burnaby city hall $3,200 to atone for the action.

The payment, which was reached in an out-of-court settlement, will be used to plant four new oak trees on Fourth Street where the 1929 Floden farmhouse, one of the original homes in east Burnaby, once stood.

"Covenants are there for a reason and people should abide by them," said heritage buff John Reay, an area resident who contacted city hall after the ol' oak tree was chopped down last October.

"This was a very mature oak tree, planted by the oldest son of the family to commemorate the completion of the house when he was eight years old," Reay said. "It was a huge and beautiful old oak tree as healthy and as perfect as you could find anywhere.

"Hopefully this (the settlement) will send a message that you can't disobey a legally binding covenant on your property and expect to get away with it. Your neighbours are watching."

The protective covenant was placed on the tree in 2001 after Surrey resident Baljinder Bhattar purchased the home and property at 7997 18th Ave. three years ago.

Because of the historical significance of the home and property, city hall agreed to purchase the home and have it relocated several blocks to a new location at 7244 Fourth St.

The pioneer farmhouse has subsequently been resold to new owners.