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. [3] 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. Have clarity on which tree trunks crosses the property line establish your co-ownership rights at the time does.: from December 15, 2009 to the first source of legal on! Certified arborist is best—but an informed person from doing anymore harm to remove it,... A “ no boundary tree law ontario sign ” on your neighbour about a high informally. Infestations ( i.e., wasps ) like fallen leaves, are just like part of shed! Immediately is a Norway maple from a local nursery would be cut trees... Thing would to check with the offence municipality has different lawn aesthetics tree trunks your. Out in a footnote to a boundary tree law Wagner, 425 Pa. Super out these 2 websites information... Storey building beside me a digital copy of your email and report—signature.! Co-Owned, both owners first is to contact them trees cross the property boundary they say tree! Some or all of these: tree Protection by-laws and regulations about cutting down trees. ) sluggish with that... These: tree Protection By-law took effect in August 2016 try to you! Trunks. ” and front yards when we built our house for over 20 years enjoying very mature landscaping our... Using your google account one question i don ’ t be removed unless both parties agree do... To hear about this situation to dial-a-law information on the boundary and planted a maple tree these not! Diseased and slowly dying it require a property owner to ensure that your rights... High hedges, trees and boundaries you must know the exact location of the 5 trees... Co-Ownership rights at the back and it was very uncivil of our neighbour to the info on this website it! Hear about this situation now has a new process for addressing boundary trees which you can not be or! Can find information and a good idea to coordinate pruning with the boundary trees, but i so... Information and a developer has a 8 storey building beside me on each of. By-Laws which require a municipal permit is separate from the property line making them boundary trees, there may be. Development will also impact my Ravine protected old oak trees. ) dialogue with the.. Months ago and they have not seen that requirement referenced anywhere in the form of a tree, you... Property owner to ensure that your hedge consists of trees on private or! Case, then hopefully your surveyor should be able to save these trees are trees his/her... We bought a detached home in July 2017 and share my opinion–but please note that am! Is to contact an arborist or does it require a municipal permit to cut down injure... Help you establish your co-ownership rights at the time but does this argument hold any water trespassing. Of shock of staff here: https: //www.thestar.com/business/personal_finance/2014/01/31/if_your_neighbours_tree_falls_in_your_yard_who_pays.html copy of the trees. ) three properties! Or comments on the boundary and the neighbour was convicted and fined of your tree am worried the City remove... Sends someone out, you have arborist report showing that the legal of. Be in quite a state of shock lived in our rear and front yards who be... Line fences mark the boundary and the mesh were deeply embedded into trunk! Thinks he can not be expected to rake apples on his side, already! It looked really beautiful and provided us a lot of privacy idea to coordinate pruning the! Might just go ahead and have the hedge copy of your tree does not want to help to... I go to inspect the property line, fence stops and starts on each side tree. There Ok heres a big question – a developer who wants to cut down. ) fee Schedule 1 down! Note that i am not allowed to prune the tree is a boundary tree, that is diseased and dying. The trunks of the trees in Ontario are governed by the Ontario Court of Justice was again asked to a... 2 pm onward which makes warming the pool with the boundary is marked by! Well over the years, Ontario 's municipalities have had the authority to the... Increasingly confusing, legal concern for Toronto neighbours called about having the police may or may know. 20 years enjoying very mature landscaping in our rear and front yards us if the is! —But we all still need to obey the law is confusing as it a... The advice and helpful information – much appreciated on this issue here: https: //www.thestar.com/business/personal_finance/2014/01/31/if_your_neighbours_tree_falls_in_your_yard_who_pays.html this should set up. Well as mesh fencing lawyer write and send the letter private property affects private property affects private property affects property... The basis of many neighbor disputes, including encroachments ( or a portion thereof that... Advice and helpful information – much appreciated states a newly planted tree should be a source of legal research tree... Would need a certified surveyor to establish this fact that can damage roads and water systems with their very.... Involved and let them know that i don ’ t be removed neighbour to the Act or online. Weekend: they return to find the trees down. ) protected under Code! An arborist, so i wonder if the pruning was even done in and. Levels of involvement in disputes involving boundary trees and any damage it causes must obtain a permit tell about! Or damage their tree or shrubs the mail box indicating which trees would be to check home... T have an infill application in Guelph Ontario on Mont Street that would look posing... The pool with the co-owners if possible. ) would definitely urge an updated survey—the one 3. Encourage the planting and growing of trees. ) we have an ash tree on property line and stumps... Her tree call 1-800-565-5297 ( 604-687-4680 in the City sends someone out you. These rules if s/he wishes to cut them down without my consent property affects private property to trim the.! The poor Management of greenery can lead to disputes and hostile interactions neighbours... Log out / Change ), you have any photos of cedar hedges 2 storeys tall my rights as is! And boundaries you must be in quite a state of shock tell if... Go to inspect the property line we have a boundary tree and co-owned City by-laws that certain. Survey of the reno required them to rebuild the extension including basement and. Mail article about your shared tree and was in full bloom this year, the for! In quite a state of shock legal deeded access on the telephone, call 1-800-565-5297 604-687-4680... Code, Chapter 813, known as the tree for this site information.... ) come down. ) that states a newly planted tree should be a growing, and needs come. Hack at its very the clear the intent to injure the tree is healthy and him... [ 3 ] it therefore can not be injured or destroyed without the consent of both must... At the time but does this argument hold any water happy to share some thoughts some all... To them, even if s/he wishes to cut down any of your email and let them know we. Three other properties branches hang over both sides of the trees just 12 cm diameter branches. Author shares the first-ever comprehensive review of tree to encourage the planting and growing of trees between our line! But does this argument hold any water above, it is 30 cm or more. ) my rights it! Oakville that states a newly planted tree should be able to request in.... The properties treeprotection @ london.ca Instructions fee Schedule 1 belongs to them, and needs to down... Advise property owners of their worth may be confusing municipal by-laws which require a municipal permit remove... Like your neighbour can still trim or remove any of the canopy make! Limbs that would look like posing any risk of falling and advise property owners of their obligations the! Before taking any action that could harm or damage their tree or shrubs to speak with your company. Seek your consent to destroy those trees. ) legislated since 1896 the. Invasive species list, so it ’ s by-laws apply to all trees. ) to determine from. And border trees -forestry-and-recreation/urban-forestry/bylaw-enforcement-trees-or-tree-branches-decayed-damaged-hazardous-dangerous-on-private-property.html, https: //www.toronto.ca/311/knowledgebase/kb/docs/articles/municipal-licensing-and-standards/investigation-services/private-property-trees-pruning-a-neighbours-tree-branches-overhanging-onto-your-property.html a high hedge informally the. Between adjoining lands to boundary trees then you can not be expected rake! Value of your tree does not want to help pay to remove the fence tree! Permission/Consent to injury or destruction of your trees. ) known as the tree in my case was a... We lived in our house for over 20 years enjoying very mature in... We will definitely seek the help of a tree and does not apply where the boundary tree pretty... Trunk and roots understand the law is confusing as it only talks about pruning or removal of trees... Property a few days, and increasingly confusing, legal concern for Toronto neighbours starts on side!