When you can trim hedges or trees You can trim branches or roots that cross into your property from a neighbour’s property or a public road. The presence of any contractors or other workers on your property will require your permission (to avoid trespass). We have a boundary tree issue.It is a very large tree and affects our and three other properties. Hello Hilary 1225 Trafalgar Road I have planted bushes that are not boundary because the trunk definition is entirely inside my property by 2 inches but since it is a “bushy” tree (a yew) some of upper VERTICAL GROWING branches do eventually cross onto the neighbours property. We have a boundary tree that has toppled over and damaged the fence (due to the uprooting) and the neighbours car. According to the Act, therefore, your neighbour is required to seek your consent to destroy those trees. Councils of counties and townships in southern Ontario were empowered to enact tree-cutting bylaws through the Trees Conservation Act (1946), the Trees Act (1950), and the Forestry Act (1998). I gave them estimate on a removal 3 months ago and they have not replied or returned any phone calls. He said that he will in fact next cut off all the thick limbs and all canopy that extend at all cross the property line – stating that he KNOWS IT WILL HARM OR KILL THE TREES. In my experience, the costs to remove a boundary tree have been divided a number of ways, including (but not exclusively) a 50-50 splitting. A 2013 Ontario Superior Court decision determined that trees with trunks straddling property lines are considered shared property, and therefore require the permission of all shared property owners to remove. Administrative Law (Ontario)(SPPA) (e) The Foresty Act and Boundary Trees While the LFA does not define what a 'fence' is, it seems implicit that it refers to conventional, man-made fences [see LFA s.3, quoted in (b) above]. Avoid any actions that could threaten the health and longevity of the tree: o, ver-pruning, removing branches or limbs, or damaging the bark of the trunk all risk exposing the. We share 5 trees on the boundary line. But how can the trees be properly assessed as border or shared when the trees have already been erected and only stumps remain? If the trunk of the tree extends over the boundary, this does not give you the right to chop it down. The tree was healthy, had been on the property for 50 to 60 years and was … A second option is to have a qualified landscaper come and give you an estimate of how much it would cost to replace the trees, including labour and all the costs. 1990, Chapter S29. I could not possibly stop apples falling on his side, and should not be expected to rake his lawn either. We have a boundary-shared tree in our back yard which is 3 feet diameter and is tilted to our neighbors’ side. I understand the law states that I am not allowed to cut down or injure the tree without the consent of my neighbour. Act quickly—otherwise your neighbor might just go ahead and have the hedge cut down. Thanks for any help you can offer! Each of you has to get the other’s agreement before doing anything to the tree. Can you outline the process for having the owner and violator of the Forestry Act charged with the offence. This is a legal issue in addition to the issue of trimming your trees. Source law Year: All 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 Public statutes as enacted … The act of pruning trees on neighbouring private property affects private property rights and is a civil issue between private property owners. If he does so, and your trees die, then he is liable for property damage. and I was planning to put a fence on my property a few feet in for privacy. R.S.O. Then call the police. BY ROB KENNALEY AND KIRK BROWN. Now the trees have no flowers, thus no apples on the lower branches and I could not reach the top of the tree for apples anyway. My fence is about 4 inches inside my property. Contact Info: I paid to repair the chimney. Apologies for the slow reply…Toronto’s by-laws apply to ALL trees. I understand trimming branches that would extend to his driveway, and trimming of some small branches that extend to cover his lawn area, but find that cutting off limbs of the tree would risk serious damage to the tree. BOUNDARY TREES Trees with trunks growing across property lines are called “boundary trees.” In Ontario, boundary trees are considered common property (i.e., co-owned property) and fall under the legal provisions of the Ontario Forestry Act Section 10. I have contacted my City Councillor as well. The City should have to share the cost of trimming the tree but they are often reluctant to do anything for Norway maples as these are on the City’s invasive species list. It might also help to point your neighbour to the info on this website. Additionally, a lawyer might be able to a give you information on the loss of privacy, value of your property, etc. Under the Ontario Forestry Act (the “ Act ”), a tree whose trunk is growing on the boundary line between adjoining properties is the common property of both owners. We do not see any visible damage to his garage due to the tree, so cannot assess if there is merit to his claim. That would be about 1/3 of the canopy and make the trees totally lopsided. (Remember to photograph.). I suggest that you notify (in writing) both the City (Urban Forestry) and the Developer that these are boundary trees (giving your address and photos if possible) and that you do not give your consent to have them removed. Also, how do we determine whether the cedar tree trunks crosses the property line making them boundary trees? Do you know whether his claim has merit? You are correct…the Ontario Forestry Act makes no mention of any diameter. 1990, Chapter S29.  It therefore cannot be injured or destroyed without the consent of both owners. It was very uncivil of our neighbour to cut them down without us realizing. If the tree is on a boundary, most states will not allow either party to destroy the tre,e it will need to be up-rooted. If a proper survey shows that any portion of the trunk of a tree crosses a property line, then the tree is considered a “shared tree” or a “boundary tree.” Note that this applies to the trunks of trees (not canopies or roots)–so it is important to understand that it is the legal trunk of a tree that must cross the property line. The tree in our case was a Norway Maple, also considered an “invasive species,” but this had no legal relevance to our case. We are getting a survey done now. This is a perfectly healthy tree but in late December it uprooted and toppled over towards the school’s side. Most were on the property line and only a few may not have been. “Hedges” do not always consist of “trees.” In some cases they consist of “shrubs” which are considered “woody plants” and therefore are not protected by the Ontario Forestry Act. If a tree is healthy and viable, it shouldn’t be removed. ), 2. Thank you. Learn more. All trees. ) any contractors or other workers on your side of the Ontario planting... ( Log out / Change ), you are commenting using your account... Filed a police report of any contractors or other workers on your and. Always a good pruning is required to seek your consent to remove the trees there. Chop it down. ) late December it uprooted and toppled over and damaged the fence ( due the. Our and three other properties or so, and have been suggest having an arborist and discuss this the! Only stumps remain of things that can be very sluggish with trees that are on the boundary, might. 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