The Forestry Act, s. 10(2) provides that “Every tree whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining lands.” This tree is known in law as a Straddle Tree. You can find a directory of staff here: If the contractor/tree-cutter crossed your property line to cut the trees down, then trespass charges may also be relevant. But you are still generally responsible for your trees and any damage they cause. The trunk of a tree includes everything from the root collar up to the first branch. Get in touch with your municipal councillor and ask for assistance. Both you and your neighbour jointly own it and are responsible for maintaining it. City of London Tree Protection By-Law C.P.-1515-228 Distinctive Tree Permit Application City of London –Forestry A .J Tyler Operations Centre 663 Bathurst Street London, Ontario N5Z 1P8 Telephone: 519-661-CITY (2489), ext. 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. Do you know the species of cedars? A suggestion would be to check the home and car insurance. The birch already shades my pool from about 2 pm onward which makes warming the pool with the sun difficult. If he does so, and your trees die, then he is liable for property damage. (It sounds like there might be 6 co-owners involved here!) The first is to contact an arborist who can give you an estimate based on the stumps. However, the municipal permit is separate from the issue of ownership. The other day I go to inspect the property and ALL the trees have been removed!! Do you have survey? Advise your neighbor that under the Ontario Forestry Act no one co-owner can injure or cut down a boundary tree without a co-owner’s permission. It is your responsibility as a property owner to ensure that your tree does not pose a safety risk to you or your neighbours. Any insight you can share on our situation would be greatly appreciated. Removing or intentionally altering or damaging a shared tree without permission could result in civil action against you, and … Learn more about conflicts with neighbors, trees, property, real estate, property lines, damage, and other legal topics at FindLaw's Real Estate section. To injure or remove a boundary tree without the consent of the co-owner(s) contravenes the Ontario Forestry Act Section 10(2). 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. Citing early English common law holding that (1) a tree which stood on a property line made the adjoining owner s tenants in common of that tree, and (2) if one of the co-owners cut the whole he was liable for damages to the other, the dissenters argued that the Rhodig trees should come within that well-established rule. 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. The Ruling does not directly address what constitutes injury—but it confirms that injury to a boundary tree requires co-consent. Here is my question. Ms. 22, s. 4. 4. The second issue concerns the trunks of your cedar trees. 8. 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. ), Click to access 94f3-parks_forestry_recreation.pdf. In addition, municipalities with a population greater than 10,000 could forbid the cutting of trees … Thank you very much for maintaining this website. As a result, your neighbour needs your permission/consent to injury or cut down any co-owned trees. He has asked the city to demolish the trees. In such cases, it is best to consult an arborist. Ok heres a big question – a developer has a 8 storey application in right beside me. Is there a law on how close he can plant these trees? It is your responsibility as a property owner to ensure that your tree does not pose a safety risk to you or your neighbours. When you can trim Either owner can … This neighbour now says it’s my tree and does not want to help pay to remove it. 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 … That way if the City sends someone out, you have made them aware of your property rights. Councils of counties and townships in southern Ontario were empowered to enact tree-cutting bylaws through the Trees Conservation Act (1946), the Trees Ac t (1950), and the Forestry Act (1998). HI There nice website and very informative and thank you for that. Following the completion of the Urban Forest Management Plan UFMP, staff are undertaking a review of the City’s tree by-laws. You indicate above that you are one of the property owners (i.e., an owner of one of the properties where the trunks actually cross the property line), so that would make you a co-owner of those specific trees. Take a photo. I expressed my unhappiness on him trespassing and altering the trees on our side. Thank you laura, Question: I have a boundary tree. They told me they will remove the fence and tree stump and build a new fence as part of the reno. Can you outline the process for having the owner and violator of the Forestry Act charged with the offence. The act of pruning trees on neighbouring private property affects private property rights and is a civil issue between private property owners. (This is the case even if s/he had a municipal permit to cut the trees down.). Garden related issues can be incredibly infuriating for neighbours and cause a great deal of tension. thanks. I would also tell the new owner about the information available on this website. You want to look at your deed and your survey and you want a reputable arborist” to avoid potential legal problems, he explains. By-law Enforcement Officers will investigate calls for trees at risk of falling and advise property owners of their obligations under the Township's by-laws. We welcome your feedback on Dial-A-Law. Immediately contact Urban Forestry via email and let them know that this is a boundary tree and falls under the Ontario Forestry Act. If you haven’t already done so, it sounds like a discussion with your neighbour about problems, as well as possible solutions, is next. I would definitely urge an updated survey—the one from 3 years ago may not use an updated definition of a tree’s trunk. Could you please speak to your understanding of the definition of “injuring” a tree as it applies to the 2013 sureme court ruling. (I also suggest talking to the other neighbors involved and let them know about the plan to cut down the hedge. If the tree is on the property line, both property owners share the value of the tree and are responsible for upkeep on their side of the boundary line. Any advice would be greatly appreciated. To my knowledge, your neighbour can trim the branches that extend across into his yard, but he cannot do this in such a way as to injure or kill your trees. I always let people know that I am not a lawyer, but I am happy to share some thoughts. Your neighbour sounds like he is acting out of frustration—we all do this sometimes!—but we all still need to obey the law. 10 (3) Every person who injures or destroys a tree growing on the boundary between adjoining lands without the consent of … I was considering taking a stump grinder to it but was concerned about the potential damage to the grinder (which would be a rental) so I decided to leave as-is and live with the root hump. 1. https://www.thestar.com/life/homes/2012/02/24/who_pays_if_a_tree_falls_in_your_yard.html?li_source=LI&li_medium=star_web_ymbii, 2. https://www.thestar.com/business/personal_finance/2014/01/31/if_your_neighbours_tree_falls_in_your_yard_who_pays.html. For example, in the Canadian jurisdiction of Ontario, §10 of the 2009 Forestry Act prevails: "An owner of land may, with the consent of the owner of adjoining land, plant trees on the boundary between the two lands. In Hartley v. Cunningham, a decision released on May 17, 2013 the Ontario Superior Court had to tackle this very issue. The cedar fence is mutual and his development will also impact my Ravine protected old oak trees. Insofar as branches … extend across the boundary line into a neighbour’s property, that neighbour may … have a remedy in nuisance, and this may … include a right to ‘self-help’, but it will not generally include a right to enter the other’s property nor to cut any part of the tree which is on the other’s side of the property line.” So best to check with your insurance company to see what your coverage is. Thank you in advance. If they are, then your neighbour can be charged under the Ontario Forestry Act Section 10. Thank you. So you would need a certified surveyor to establish this fact. The tree trunk is across the property line so it is a boundary tree, but the neighbours are arguing that when the tree was planted over 50 years ago it was planted in our yard. Cedars are often referred as “shrubs,” but to my knowledge they are in fact “trees.” This is a key point in your case—i.e., that you are dealing with trees which make up a hedge (not shrubs). To verify that it is a boundary tree who do we contact. “Boundary trees” are trees that fit the legal definition above…”border trees” are trees that grow along the border or near the edge of a property line. 3. Thank you. Hand delivery (bring along a witness) would be good, too. Change ). For sure he is not an arborist, so I wonder if the pruning was even done in a safe way. In order to qualify for the protections under the boundary tree law, the tree trunks must cross the property line. The MNR and the OPP have both been extremely reluctant to assume responsibility for prosecuting offenders—but you can always try to contact them. Your neighbour would have to follow these rules if s/he wishes to cut down trees on his/her private property.). I paid to repair the chimney. Then call the police. Again, if the tree’s trunk crosses the boundary line at ANY point between the root collar and the first branch, then it is a boundary tree. 1. Would you have any photos of cedar hedges as boundary trees which you can share? It looked really beautiful and provided us a lot of privacy. Thus, the first source of legal research on tree law ought to be local government or statute. Here is the fast answer—-NO. Do you know whether his claim has merit? I have contacted my City Councillor as well. 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. 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. Came across your website via google and after reading the Globe and Mail article about your case several years ago. 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. Image by Julian Dunster via Tree Service Canada But how can the trees be properly assessed as border or shared when the trees have already been erected and only stumps remain? This Act stipulates that they are co-owned trees (co-owned between property owners) and provides that their destruction or injury requires the co-consent of both owners. 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. You may wish communicate info on the boundary trees to your neighbour and indicate that you consider yourself a co-owner. Are there survey posts on your property? You could also include information about the Ontario Forestry Act as well as the address of this website—both outline the potential consequences if the co-owned trees are injured or destroyed. (Always a good idea to coordinate pruning with the co-owners if possible.) In light of your concerns, I would suggest 2 things: First, is to have a certified arborist confirm that your hedgerow is made up of cedar “trees.” The boundary tree law applies to trees only (not shrubs). (If your neighbour is not an arborist and cuts off large boughs, then he is quite likely to injure the trees.) This is in the city of Guelph and some of the trees in question were Manitoba Maples and the others I’m not sure of. The poor management of greenery can lead to disputes and hostile interactions between neighbours. ( Log Out /  In Chapter 8, the author shares the first-ever comprehensive review of tree law in Quebec. However, today they sent me an email stating that they could not grind out the stump for the same reasons I mentioned above. Doing some of these things proactively will help you establish your co-ownership rights at the outset. I have already reached out to Urban Forestry to see if this is the case. As such it does not apply where the boundary is marked out by trees. Is there a legal “boundary tree” distinction between a tree and bush? He complains that the hedge looks awful on his side but it looks great on ours above 6 feet and also looks great from either of my neighbors yards on my left and right side. (In Toronto it is 30 cm or more.) Hello lynne.The first thing i would do is contact your municipality and make sure that your neighbour is following any by-laws there may be concerning the planting of trees. We would very much like to keep the tree as possible, but of course if he has merit to take legal action against us we want to be prepared. Trespass is serious and it is something that you might alert the police to—even if only to file a complaint and consult with them about how to prevent it from happening again. There is no clause in the City by-laws that exempts certain species. Thank you. I am so sorry to hear that this happened! Hi There I am not aware of such a by-law …but the best thing would to check with the municipality. Even if the trunks do not cross at ground level but cross at another point along the trunk, they are still boundary trees.) Months go by and no contact. Any advice is greatly appreciated. https://www.bracebridge.ca/en/live-here/Environment-Trees-and-Yards.aspx, 5. My fence is about 4 inches inside my property. Change ), You are commenting using your Twitter account. It sounds like these are NOT boundary trees, but trees growing entirely on your side of the property line. My suggestion would be to consult with a certified arborist and discuss this with the co-owners. Other trees show inches of the trunk are on the property line some are well over the property line. Fraser Law attorneys provide professional lawyers consultation with integrity and trust. Doesn’t this automatically mean that it is his or her tree? 2. Doesn’t it depend where the trunk is now, today? A certified arborist is best—but an informed person from a local nursery would be helpful, too. Hedges are often made up of both, so it’s important for you to establish that your hedge consists of trees. a) boundary trees; that is approximately 30 feet tall, healthy and lush, above 6 feet, and then the foliage juts out well over 8 feet onto our property, unfortunately dear have attacked the lower portion, I have cleaned up up the lower portion of the dead branches. Apologies for the slow reply…Toronto’s by-laws apply to ALL trees. What can I do? I could not possibly stop apples falling on his side, and should not be expected to rake his lawn either. A developer is going to the Committee of Adjustment May 4, 2017 to ask to take down 18 Ravine protected trees and saplings and injure 9 other Ravine protected trees and take out most of the 107 cedar fence. This is something (or a portion thereof) that you might be able to request in damages. But yesterday, he cut them down before we realized it, it was a huge shock to us. for this site, information isnt always easily found, also seems like a lot of people have these kinds of issues unfortunately. They told me what the additional costs would be and suggested we “split” the costs. However, now that the house is near completion we are concerned the new owner may contest that the trees belong to them and apply for their removal in the future. good-luck. Other statutes, such as the Municipal Act and the Pounds Act, as well as common law, impose a duty … A tree may be planted by neighbors well within the bounds of their property, but over time, some of the branches can extend beyond the property line and into your yard. Yes…getting survey done immediately is a very good idea. Evelyn. The presence of any contractors or other workers on your property will require your permission (to avoid trespass). I have an ash tree on property line that is diseased and slowly dying. What happens in the case where the neighbour has already gone ahead and chopped down 15 cedars that formed a privacy wall between the two homes (20-25 years old), without consent? Also mail a copy to your Councillor. The issue of boundary trees—trees that straddle property lines—appears to be a growing, and increasingly confusing, legal concern for Toronto neighbours. A tree that is located on the boundary line cannot be removed unless both parties agree to do so. A few thoughts….when a tree becomes unhealthy there are several remedies—not all of them need involve cutting the tree down. This blog is written by our law summer student, Ira Marcowitch. The trees might become unstable and become an actual safety hazard. Ms. Even if the entire base of the tree is on one side of the property line, but a portion of the trunk crosses further up—then it is STILL a boundary-tree and co-owned. Scheuermann charged his neighbour under the Ontario Forestry Act and the neighbour was convicted and fined. Boundary trees in Ontario are governed by the Ontario Forestry Act. You would have to consult a lawyer about any existing laws. Now I am very upset but at this point there is no evidence of the trees were even there as all the trucks and roots have been removed (it now looks like a farmer’s field) and only the soil remains. One last thought—it sounds like your neighbour is very unhappy about the fallen apples and has different lawn aesthetics. I have not seen that requirement referenced anywhere in the Act or anywhere online. Been there for almost 40 years .Can that neighbour cut away at the trees ? I am very upset about this. Refer to the cedars as “trees.” Since we had concerns that the mature 25′ L x 20′ h x 5′ w cedar hedge trees bordering the back yards would be removed we asked the city to have them preserved during the construction process, which they thankfully did. Hello, A tree just fall into our neighbour’s yard. See the Diseases and Hazards ​page for information on identifying diseases and hazards and how to address them. If the trunk crosses at ANY of these points, it is a boundary tree and co-owned. 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. "At the same time, the rights of a landowner to cut the branches or roots of a neighbour's tree that cross over the boundary line face new restrictions." The trees have been healthy, with no limbs that would look like posing any risk of falling. In any case, your neighbor cannot cut down any of your trees or the co-owned trees without your permission. In the end, the Court held that there is no conflict between the Forestry Act (which deals with boundary trees) and Chapter 813-16 of the Toronto Municipal Code (which deals with the granting of tree removal by the City of Toronto Urban Forestry Department). According to the Act, therefore, your neighbour is required to seek your consent to destroy those trees. I do encourage that you have a certified surveyor do at least a “line read” of the boundary (this is not quite as expensive as a full survey). The tree at issue in the decision (Freedman v Cooper, 2015 ONSC 1373) was a mature Norway maple whose trunk straddled the boundary dividing the Freedman and Cooper properties. In the end, the Court held that there is no conflict between the Forestry Act (which deals with boundary trees) and Chapter 813-16 of the Toronto Municipal Code (which deals with the granting of tree removal by the City of Toronto Urban Forestry Department). This tree started on his property, has now spread to mine, and needs to come down. We share 5 trees on the boundary line. Regarding Urban Forestry—we found that they can be very sluggish with trees that are on their invasive species list. Is this considered injuring it? A homeowner who does not object to a neighbour regularly accessing a strip of his or her property should not normally lose any legal rights over that land, an Ontario Superior Court judge has ruled. Every tree whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining lands. 1. The branches hang over both sides of the property. (My understanding is that your neighbor and any contractor/workmen can be held legally liable under the Ontario Forestry Act if they are in violation of it.). Check with your local by-law office. 102, 624 A.2d 166 (1993)) the Court noted it might be possible to have a prescriptive easement for tree limbs after 21 years. Request a response from the City. Thanks for your interest in this site! https://boundarytrees.com/toronto-what-is-urban-forestrys-procedure-for-boundary-trees/. or both? Bob Aaron is … What options do I now have? If a tree is healthy and viable, it shouldn’t be removed. If part of a tree trunk or part of any visible roots are growing across the property line, then it’s a boundary tree. Ontario recently took a very broad view of tree ownership: even if only a small percentage of the tree’s root system reaches over into a neighbor’s yard, that tree is joint property! If you do end up hiring a lawyer, make sure that they are familiar with the boundary tree law! 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. According to … The Tree Protection By-law took effect in August 2016. The Forestry Act is a provincial. Last amendment: 2009, c. 33, Sched. This Act stipulates that they are co-owned trees (co-owned between property owners) and provides that their destruction or injury requires the co-consent of both owners. The objective of the project is to review and update both of Ottawa’s tre… The Forestry Act indicates that it is a prosecutable offense for one co-owner to injure or cut down a boundary tree without the other co-owner’s permission. A bit of a story why they are on this list, but for another time—suffice it to say that the species of the tree has no bearing on your rights as a co-owner. In a situation like this, it’s critical for you to know where the property line is. This is a perfectly healthy tree but in late December it uprooted and toppled over towards the school’s side. He says it is a safety risk to have fruit trees because they attract wasps, fallen apples destroy his lawn, and branches might have hit his daughter’s face when he lifted her up when walking on his driveway. Private Tree Protection Bylaw: As of Jan. 27, 2020 if you live within the Urban Boundary, you will need to apply for a permit and on-site consultation to remove a tree 20 cm in diameter (8”) or greater measured at 1.4 m from the ground, or more than five trees between 10 and 20 cm (4-8”) measured at 1.4 m above the ground in a calendar year. My neighbor legally removed a boundary tree earlier this year and did all the proper permitting etc but left the base of the trunk as well as the roots in place. Hi David…as far as I know, you are a co-owner of the tree and the City cannot cut the tree down without your permission. upheld by the Ontario Court of Appeal 2015). Is it an arborist or does it require a property line survey? I know of only one recent legal case (based on the ruling mentioned on this website) where neighbours had to financially share a maintenance issue regarding a boundary tree: the tree was still standing and it had become an imminent hazard, and thus had to be removed. Those lilacs belonged to my previous owner but they were started already when we built our house 30 yrs ago. Yes, complicated…the damages question is beyond my scope. It is always best to talk to your neighbor before taking any action that could harm or damage their tree or shrubs. You should also make sure that they are aware of the boundary tree law and can do a proper plotting of the trees on the survey. ( Log Out /  The confusion over property boundaries is the basis of many neighbor disputes, including encroachments (or perceived encroachments) on one's property. Our new neighbour has just trimmed two about 15-year-old apple trees that grow on our side (trunks growing almost 1 m and 1/2 m, from the property line, on our lawn so not really a boundary tree). Could you please clarify – what rights do property owners have if a boundary tree is NOT healthy, and considered a liability – but both interested parties do not agree to remove the hazard? ( Log Out /  Does the developer pay the home owner compensation for the loss of the trees when the city agrees to the cutting down of the trees? 1990, Chapter F.26. The tree was healthy, had been on the property for 50 to 60 years and was … Often, whether or not the approval will be granted will depend on a number of factors, including whether or not the tree is damaged, will threaten … Helped scheuermann in legal proceedings against his neighbour seeking damages extends over the years, Ontario municipalities! Tell us if the tree is diseased and slowly dying is crucial slow reply…Toronto s. 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