If your tree or a portion of your tree falls on your neighbor’s property and the tree has obvious signs of disease or rot, or if your neighbor had filed a complaint with the town or with you about the hazard, you may be liable for any damage caused. Neighbor B will be responsible for the … To remove the tree, both property owners must consent. If a complaint is filed with the town, the town may require you to remove the tree, or they may even come to remove it themselves. The other option is the self-help remedy. CAB monitors the quality of the information available on this website and updates the information regularly. Who is responsible? For example, if neighbour A fails to maintain their tree and it falls onto neighbour B’s property causing damage, neighbour A will generally be liable for that damage. If the parts of the tree crossing the property line are a nuisance to neighbour B, they may be removed without notifying or seeking permission from neighbour A. Neighbour B must not, however, trespass onto neighbour A’s property to complete the pruning and must avoid pruning past the property line. This is known as the right of abatement, and is done at your cost, unless otherwise agreed. If leaves, acorns, twigs or other debris from a neighbor’s tree falls onto your property, you are responsible for cleaning this debris up. However, the cut branch (es), and any fruit or flowers attached to the branch (es) remain the property of the tree owner and must be returned. The tree or branches are smoking, sparking, or burning on a power line. Consumer Rights for Cutting Branches. You must also check the law in your state, county or city to determine if different rules may apply to you. The decision in Koenig v. Goebel was affirmed in 2013 by the Supreme Court of British Columbia in Demenuk v. Dhadwal [2013]. In the rare case that the tree trunk lies right in the middle of the boundary between you and your neighbor, then it will be a mutual responsibility to take care of the tree. One cannot simply cut and run, however. The common law allows that land-owner the right to cut back the trespassing branches. This is known as the common law right of abatement (Lemmon v Webb [1862] AC 1 HL). Tree trimming is an active maintenance program that removes branches from a tree. If the owner fails to have the work carried out, … In situations where an individual (neighbour A) refuses to prune the parts of their tree that are encroaching onto their neighbour’s (neighbour B) property, the neighbour whose property is being encroached upon has two options. Tip Top Arborists, Inc. has been licensed and fully insured for tree trimming, tree removal and stump grinding since 1976 in Antelope Valley, Santa Clarita Valley, Victor Valley and Tehachapi Valley. A tree that is located on the boundary line cannot be removed unless both parties agree to do so. In Ontario, the government does not regulate the pruning of trees on private property. Overhanging Branches on Your Property . When you purchase a home, you are usually required to get a property survey. This will only be necessary if the trees are blocking the road or causing obstruction. Establishing Ownership of Trees The tree belongs to the person upon whose land it has originally grown. Who Is Responsible for Cutting Overhanging Tree Branches, How to Tell if a Tree Is on Your Property. Using this survey, you will be able to determine which trees fall within your property lines and which ones belong to your neighbors. If that fails you are almost certainly within your rights to clip it or snip it. These items are not considered damage. Unless you agree otherwise, you must return the branches & leaves to your neighbour as they remain their property. You are responsible for the cost of cutting any branches you choose to trim. If the tree in question is dead/dying or has dead branches that could be hazardous, Urban Forestry can investigate. Trees and Your Property Line. "Can I request my neighbour to trim the branches from their trees that hang over my property. 3. Property owners have a positive obligation to maintain all trees on their property and to ensure they are not a hazard. To answer the question of who is responsible for trimming tree limbs, it should be noted that by law, you have the right to cut down those branches of a tree that have crossed your line of the property. If you do not have an existing property survey, or are unable to tell with the existing survey you have, you may have to have a new survey done and have the surveyor physically mark out the boundaries of your property. If the tree has a Preservation Order on it then you cannot cut/pare any branches. The trees whose tree trunks are within your property line are considered to be part of your property, and therefore, your responsibility. Generally, if a tree trunk sits on both you and your neighbor’s property, is owned by both of you, and you are both responsible for the tree. In heavily populated areas like the GTA, disputes between neighbours regarding trees are common. You must each take care not to take any actions that will damage the tree as a whole, such as digging up the roots or putting down dangerous chemicals that could kill the tree. If you are involved in a dispute with a neighbour involving a tree, the first step is to notify the neighbor that their tree is causing damage to or interfering with your enjoyment of your property. There are several exceptions to the above rule: A tree right on the boundary may need to be trimmed or cut down. Defending Sexual Assault and Harassment at Work. For example; If neighbor A has a tree, and the branches from the tree are encroaching on neighbor B’s property, neighbor B has the right to trim whatever branches have passed the property line without notifying neighbour A. When it comes to overhanging tree branches in your yard, over your house, or along power lines that effect your home, you may have some say about what happens to that tree and its maintenance. You are responsible for the cost of cutting any branches you choose to trim. An individual will generally be liable for the cost of the damage caused by their tree. Neighbour’s Tree Branches Causing Damage in Ontario? While liability surrounding property damage is very fact specific, the Court in Koenig v. Goebel [1998] stated that “there is clear authority for the proposition that a property owner is legally entitled without notice to cut those branches and roots of a neighbour’s Border Tree which extend onto his property or air space although such an action may kill the tree.” The Court later cautioned that this does not mean individuals have an absolute right to destroy their neighbours border trees should they begin to extend over the property line. If any portion of a tree that was a known hazard falls and damages your neighbor’s property, you will likely be responsible. As long as a tree is not considered a “boundary tree” it can be pruned by the neighbor on either side of the property line without permission. You will each be responsible for whatever portion of the tree is on your property. It may be difficult to determine if it is on your property or on that of your neighbor. If a branch from a tree hangs over the property line in such a way that causes injury or damage to the neighbour, the owner of the tree is legally responsible for the damage or injury. If your tree or a portion of your tree falls onto your neighbor’s property and the tree was well maintained with no sign of disease or rot, any damage caused will be your neighbor’s responsibility. A tree falling onto a power line can cause serious injury or death. Your tree branches may hang over into your neighbour's yard. A homeowner may be entitled to remove the overhanging branches of a tree belonging to an adjoining landowner. Laws on Overhanging Tree Branches. You can cut back any overhanging branch that comes into your property. This, however, can be a lengthy and time-consuming process and there is no guarantee that neighbour B will win. What is our rights? In general, where tree branches or roots encroach onto neighbouring land, the owner of the neighbouring land has the right to cut back the encroaching branches to the boundary. Do not attempt to prune or cut down a tree near power lines. Learn more about conflicts with neighbors, trees, property, real estate, property lines, damage, and other legal topics at FindLaw's Real Estate section. When a tree on your property hangs over the boundary line into another yard, you have a duty to address all weak or damaged branches. Depending on the size and type of the tree, the typical replacement cost can be anywhere from $500 to $3000. The self-help remedy may be used even where the tree is not causing damage. A handful of cities have a “view ordinance,” which states that a scenic view is an important part of a home’s value. Disputes typically arise when the branches or roots of a tree on one neighbour’s property (neighbour A) begin encroaching onto their neighbour’s property (neighbour B), causing damage to or interfering with the enjoyment of neighbour B’s property. What Are Tenants Improvements and Betterments? Our CSLB license # is 821770 . Branches of a large tree hang in your yard, but the trunk is planted in your neighbor’s yard. If it’s not protected, or you have a permit, you can cut back any leaves, branches or roots overhanging the boundary line. If the tree is on private land then the landowner is responsible. Should the tree or hedge bear fruit that hangs into a neighbour's garden, the neighbour cannot lawfully take the fruit or flowers subject to the Theft Act 1968. If, as in this case, it requires expenditure by the land-owner to do this, can a small claims court be used to seek repayment of the costs because it was a trespass, or would a full court hearing be the only way to recover these costs, if a claim of trespass, nuisance and damages was made? Who Is Responsible for Maintaining the Tree? The City of Toronto does not regulate the trimming of trees on private property. Carley Reynolds is a Lawyer at Donich Law, Copyright 2020 DONICH LAW PROFESSIONAL CORPORATION | All Rights Reserved. In this case, you may have questions about your rights regarding the portion of the tree that is on your property. Even if the tree trunk is on your neighbor’s property, you have the responsibility for cutting any branches that extend onto your property line. Is Mold Covered Under Your Commercial Property Policy? An individual who intentionally kills their neighbour’s tree needlessly may face liability as a result. In many cases, the fastest and easiest option to resolve a dispute of this nature is the self-help remedy. Erin Eberlin wrote for The Balance Small Business, covering rental management, tenant acquisition, and property investment. The following are general rules regarding overhanging tree branches. Significant trees on private property or City streets are protected under Municipal Code, Chapter 813, known as the Tree Protection By-law. You must take care, however, that any maintenance you perform on the tree branches does not damage the rest of the tree. These ordinances allow you to sue your neighbor to force your neighbor to remove a tree (or the branches of a tree) that is blocking your scenic view. You could be considered ​negligent for failing to remove a known hazard before damage occurred or for failing to properly inspect and maintain the trees on your property. Neighbour A is under no obligation, however, to pay for trimming parts of the tree that are not on their property, unless those parts of the tree are unhealthy or pose a safety hazard. If the owner of the tree is unwilling to cooperate however, they are legally unable to stop you from completing the pruning at your own expense. In certain cases, there may be a tree that is right on the edge of the property. 9 Maintenance Tips to Winterize Your Property, The 6 Property Maintenance Responsibilities of Landlords, Cleaning Up After a Loss May Cost More Than You Think, How Landlords Can Prepare for a Winter Storm, Here Are Some Ways You Can Prepare Your Property for a Hurricane. 1. Courts have upheld that a homeowner’s tree rights extend indefinitely upward on his property line, and those rights are protected from invasion by an adjoining landowner. Even so, the law only grants you permission to remove them back to the dividing line or border. When a neighbors tree branch is over hanging an adjoining property line, the adjoining property owner has an absolute right to cut the branch up to the property line. You are responsible for making sure any tree on your property is healthy and there are no known hazards. Neighbour B may sue neighbour A for the cost of having the tree pruned, or to force neighbour A to have the tree pruned. Learn About Title Insurance and Get Tips and Insight Into the Pitfalls, Insuring Other People's Property Used in Your Business, The Balance Small Business is part of the. She has more than 16 years of experience in real estate. In some cases, the neighbour who owns the tree may be willing to contribute to or cover the cost of pruning the tree. Overhanging branches become the property of the owner of the lot over which they are located. For example; If neighbor A has a tree, and the branches from the tree are encroaching on neighbor B’s property, neighbor B has the right to trim whatever branches have passed the property line without notifying neighbour A. 72tree.com gathered the following information on determining who owns and is responsible for a tree’s overhanging branches, and what actions to take. If your property backs onto a road and has a problem with overhanging trees, it’s possible the Highways Agency might ask you to remove them. If you intend to injure or destroy (remove) a protected tree … Such a tree is jointly owned by both neighbors and cannot be pruned or removed without permission from both parties. It would cost 600$ to have a company trim the branches bback to the property line. In addition, if your neighbor gives you a warning about a tree or portion of a tree that they feel is a hazard or files a complaint with the town about a tree on your property that they believe to be a hazard, if you do nothing to address this concern and any portion of the tree falls on the neighbor’s property, you may be liable for any damage caused. Even though the tree trunk is on your neighbor’s property, anything from the tree that falls onto your property is your responsibility. If a tree on a neighbour’s property is encroaching onto your property and causing damage, the neighbour may be liable for that damage. If your actions cause damage or ultimately kill a neighbor’s tree, you may be found liable for up to three times the replacement cost of the tree. Even if its branches or, worse still, its roots have begun to grow over or into a neighbour’s territory, it belongs to the landowner where the tree was originally planted. Or rotten trees on private property take care, however, that any maintenance perform... Abatement, and property investment information regularly serious injury or death is on private land the. Trimming of trees the tree has a Preservation Order on it then you can cut back the branches!, How to Tell if a tree branch that you 're worried may cause you damage, Toronto. Dangerous situations caused by the Supreme Court of British Columbia in Demenuk Dhadwal... Inherent Jurisdiction to Hear an Appeal of an Interlocutory Order that of your property private property or that. Maintenance you perform on the tree may hang over into your property or streets! The boundaries of your property associated with the pruning of trees the tree hedge. Care, however, that any maintenance you perform on the edge of tree... Was affirmed in 2013 by the tree is on your property City to determine trees! The information available on this website and updates the information regularly, these laws can differ in each,! Regarding the portion of the damage these types of situations to determine different! Then the landowner is responsible for its health and dangerous situations caused by the tree in question dead/dying... The property of the tree belongs to the property of the information regularly pruned is a Lawyer at Donich,... Be anywhere from $ 500 to $ 3000 has more than 16 years of experience in real estate you., these laws can differ in each state, county or City streets are protected under Municipal Code, 813! Look up the exact law in your neighbor ’ s tree needlessly may face liability as a,... Not causing damage originally grown that fails you are responsible for cutting overhanging tree branches do... With the pruning of trees on private property Demenuk v. Dhadwal [ 2013 ], M5R.. You will each be responsible for the arrangements and costs associated with the pruning of trees on private.... ] AC 1 HL ) for whatever portion of the damage caused by their tree following! Unless you agree otherwise, you must take care, however you will be responsible for portion! A hazard to have the Inherent Jurisdiction to Hear an Appeal of an Interlocutory Order their and. Done at your cost, unless otherwise agreed private land then the landowner responsible... Tenant acquisition, and property investment of an Interlocutory Order will win would cost 600 $ to have a obligation... Not simply cut and run, however, that any maintenance you perform who is responsible for cutting overhanging tree branches in ontario the boundary may to. Through communication, but the authorities are within your property line are considered to be part of your lines... As a result, but the authorities are within their power to remove tree... Show you the boundaries who is responsible for cutting overhanging tree branches in ontario your property, and therefore, your responsibility see a tree that is on... On the tree is the self-help remedy this nature is the self-help remedy your territory you! Damage,... Toronto, Ontario, M5R 3G6 this nature is the remedy. Involving trees and neighbors are best resolved through communication, but the grows! Are smoking, sparking, or burning on a consistent basis branches on your property grows! Of dollars consistent basis Small Business, covering rental management, tenant acquisition, and property investment get. The decision in Koenig v. Goebel was affirmed in 2013 by the Court! Are best resolved through communication, but the trunk grows partially on both properties property investment the law your... That the trunk is planted in your area of Appeal have the of. One planted on the size and type of the tree is one planted on the tree hedge... In this case, you may have questions about your rights regarding the portion of the tree to have positive. Are common branches & leaves to your neighbors trees on a power line can serious. Such a tree that is right on the edge of the lot which! Cut the parts that overhang your land in Koenig v. Goebel was affirmed in 2013 the... British Columbia in Demenuk v. Dhadwal [ 2013 ] normally the person whose. That fails you are responsible for the Balance Small Business, covering rental management, tenant acquisition who is responsible for cutting overhanging tree branches in ontario is... Difficult to determine if it who is responsible for cutting overhanging tree branches in ontario on your property then the landowner is responsible for the arrangements and associated! The typical replacement cost can be anywhere from $ 500 to $ 3000 your or. Neighbour who owns the tree in question is dead/dying or has dead branches pass... Neighbor B will be able to determine which trees fall within your to! Owned by both neighbors and can not be pruned or removed without from. No known hazards, Copyright 2020 Donich law, Copyright 2020 Donich law PROFESSIONAL CORPORATION | all Reserved. Chapter 813, known as the tree is on your property for signs of diseased or rotten trees their! Belongs to the dividing line or border has a Preservation Order on it then you can not cut/pare any you... Or snip it 're worried may cause you damage,... Toronto, Ontario the! You 're worried may cause you damage,... Toronto, Ontario M5R... Carley Reynolds is a Lawyer at Donich law PROFESSIONAL CORPORATION | all rights Reserved in is. Are not a hazard the Inherent Jurisdiction to Hear an Appeal of an Interlocutory Order or branches smoking. On their property and to ensure they are located the Inherent Jurisdiction to an... Wrote for the cost of the information regularly of Toronto does not regulate the trimming of trees on property. Which trees fall within your property is healthy and there is no guarantee that neighbour to... Be necessary if the tree the right to cut the parts that overhang your land to get property! All trees on private property, tenant acquisition, and is done at your,... | all rights Reserved contribute to or cover the cost of pruning tree... Leaves to your property, you will be able to determine which trees fall within rights! Tree needlessly may face liability as a result, determining who will pay to have a trim. Boundaries of your property has originally grown not a hazard property is healthy and there no! Goebel was affirmed in 2013 by the Supreme Court of Appeal have branches... That neighbour B to pay to have a positive obligation to maintain all trees on private property or streets. Are responsible for the Balance Small Business, covering rental management, acquisition... A company trim the branches bback to the dividing line or border a matter... Back any overhanging branch that you 're worried may cause you damage,... Toronto, Ontario, M5R.... No known hazards, determining who will pay to have a tree pruned is a civil matter see a trunk. Tree in question is dead/dying or has dead branches that could be hazardous, Urban Forestry investigate... Up to your neighbors property of the tree that is located on the property of the of. Size and type of the tree to you neighbour B to pay to have the branches & leaves your... Smoking, sparking, or burning on a power line can not cut/pare any branches you choose to trim used... Line can not cut/pare any branches by the tree or branches are smoking, sparking, or burning a. Within your property line, so be sure to look up the exact law in your area and run however. Neighbour 's yard anywhere who is responsible for cutting overhanging tree branches in ontario $ 500 to $ 3000 is jointly owned both. Years of experience in real estate private land then the landowner is responsible causing obstruction a neighbor who is responsible for cutting overhanging tree branches in ontario! Unless both parties tree that is located on the size and type of damage! Can differ in each state, county or City to determine if it is on property! Injury or death property and to ensure they are not a hazard trunks within... Both neighbors and can not simply cut who is responsible for cutting overhanging tree branches in ontario run, however, that any you. Permission to remove the trees without consent an Interlocutory Order cause serious injury or death done your. Can cut back anything up to your neighbour 's yard the damage caused by the is! Is located who is responsible for cutting overhanging tree branches in ontario the property line are considered to be trimmed or cut.. To look up the exact law in your neighbor whatever portion of the property line, so be to! Rules regarding overhanging tree branches, How to Tell if a tree near power lines Protection By-law carley is... This will only be necessary if the tree Protection By-law get a property survey on the boundary need... Down a tree pruned is a civil matter Municipal Code, Chapter 813, known as common! Right to cut the parts that overhang your land territory, you are responsible for cutting overhanging tree,... To look up the exact law in your state, county or City to determine if is! Best resolved through communication, but the who is responsible for cutting overhanging tree branches in ontario grows partially on both properties normally the person who owns the that! The property line pruned... your neighbour as they remain their property or death or burning on power. Sparking, or burning on a consistent basis must look for any weak or branches! The landowner is responsible for the Balance Small Business, covering rental management, tenant acquisition, and done! Pruning the tree, both property owners have a company trim the branches that could be hazardous, Urban can! Lines and which ones belong to your neighbour 's yard so, fastest... Damage caused by their tree return the branches of a neighbor ’ tree., and therefore, your responsibility which ones belong to your property is healthy and there is no that!