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. My neighbour, who moved in maybe 5 yrs ago or so, has suddenly decided he wants maple trees. In Chapter 8, the author shares the first-ever comprehensive review of tree law in Quebec. According to … (For example, the survey may only reflect a ground level reading of the trunks—whereas, other parts of the trunk higher up may cross the boundary line. How is that typically addressed? Is this considered injuring it? “If it is a boundary tree, that is where it gets tricky. This does not seem to apply here. A certified arborist would be able to give you an estimate of the $ value of the trees based on age and the photo. Thank you. The objective of the project is to review and update both of Ottawa’s tre… However, am I allowed to prune the tree branches on my side or screw a bracket into the trunk for a fence support. Here is what I would do: Heritage trees and endangered species are also protected. It would appear that planting a tree across a property line would involve entering your property space and that issue of trespass might therefore be relevant. In Allen v MacDougall, 2019 ONSC 1939, the Ontario Superior Court of Justice considered the removal of a boundary maple tree to accommodate the expansion of an owner’s home. (It is my understanding that trimming of a tree done on another person’s side of a property line also requires their consent, as well as any permission to enter their property in so doing.). Thank you in advance. This can be done in the form sending of a letter requiring a signature. Thank you! Oakville, ON L6H 0H3 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. Protect Your Boundaries Inc. is a licensed member of the Association of Ontario Land Surveyors, and is entitled to provide cadastral surveying services to the public of the Province of Ontario in accordance with the provisions of the Surveyors Act R.S.O. We have a boundary tree issue.It is a very large tree and affects our and three other properties. The issue of boundary trees—trees that straddle property lines—appears to be a growing, and increasingly confusing, legal concern for Toronto neighbours. As of January 1, 2020, the fee for an Application to Injure or Remove Trees has changed. You can find a directory of staff here: 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. A certified arborist is best—but an informed person from a local nursery would be helpful, too. The reno required them to rebuild the extension including basement foundations and everything above. I want to maintain the tree healthy and oppose him cutting off large limbs and all branches on one side of the tree. A: The ownership of a tree that is located on or near the property boundary can be complex: trees with a portion of the trunk straddling the boundary line are considered co-owned, belonging to both property owners. Other trees show inches of the trunk are on the property line some are well over the property line. This is what the 2013 legislation established. A few thoughts….when a tree becomes unhealthy there are several remedies—not all of them need involve cutting the tree down. We have a boundary-shared tree in our back yard which is 3 feet diameter and is tilted to our neighbors’ side. Hi Laurie, Image by Julian Dunster via Tree Service Canada I have not seen that requirement referenced anywhere in the Act or anywhere online. The 2013, 2017 and 2018 Rulings on Boundary Trees, Toronto: Urban Forestry’s Procedure for Boundary Trees, https://www.thestar.com/business/personal_finance/2014/01/31/if_your_neighbours_tree_falls_in_your_yard_who_pays.html, 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, https://www.bracebridge.ca/en/live-here/Environment-Trees-and-Yards.aspx, https://boundarytrees.com/toronto-what-is-urban-forestrys-procedure-for-boundary-trees/. 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. Other statutes, such as the Municipal Act and the Pounds Act, as well as common law, impose a duty … The act of pruning trees on neighbouring private property affects private property rights and is a civil issue between private property owners. The birch already shades my pool from about 2 pm onward which makes warming the pool with the sun difficult. Hi There! Listed below are some general points to keep in mind if you have a tree that sits across your property line: 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. Also mail a copy to your Councillor. Hello, A tree just fall into our neighbour’s yard. If I understand you correctly, it sounds like the boundary trees were removed by mutual consent with your neighbour, and that only the stumps remain. All tree branches, shrubs, and other foliage extending over your property can be trimmed without requiring your neighbour's permission, even if the plant originates from your neighbour's property. Urban forestry has objected. Significant trees on private property or City streets are protected under Municipal Code, Chapter 813, known as the Tree Protection By-law. This lets your neighbour know that 1) there are legal parameters involved regarding what they can and cannot do to the shared trees; and 2) you are aware AND being vigilant of your co-ownership (i.e., property rights) in the boundary trees. 8. Hi there, so we live in Bracebridge, we just purchased an ideal lot lined with trees and along the back of our property we have cedar hedge that is on our Nieghbor’s property at the base and is straddling the property line at some points some of the trunks are growing from our side. You can ask the police to speak with your neighbour. Trees that straddle property boundaries can be a source of conflict if neighbours disagree about the condition and value of a tree. What are my rights as it is a boundary tree? 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 … If the trunk crosses at ANY of these points, it is a boundary tree and co-owned. email@example.com The Township's Property Standards By-law #98-182 requires that property owners maintain their properties free from dead or dying trees that are at risk of falling over. The branches hang over both sides of the property. My neighbour has done a survey on the property line it shows that some of the trees are clearly on our property which our neighbour has not only trimmed across our property line but tried to destroy the trees. In the meantime, you can also have a line-survey done confirming exactly which tree trunks cross the property line (if haven’t already done so). I gave them estimate on a removal 3 months ago and they have not replied or returned any phone calls. Thus, the first source of legal research on tree law ought to be local government or statute. (I also suggest talking to the other neighbors involved and let them know about the plan to cut down the hedge. If workmen show up and start cutting, you can inform them that they cannot trespass onto your property (including your airspace) and that they do not have your permission to cut down the trees. 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. Thank you. 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. If you do end up hiring a lawyer, make sure that they are familiar with the boundary tree law! In Hartley v. Cunningham, a decision released on May 17, 2013 the Ontario Superior Court had to tackle this very issue. Thanks for your interest in this site! Immediately contact Urban Forestry via email and let them know that this is a boundary tree and falls under the Ontario Forestry Act. BY ROB KENNALEY AND KIRK BROWN. 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 Chapter 8, the author shares the first-ever comprehensive review of tree law in Quebec. Consolidation Period: From December 15, 2009 to the e-Laws currency date. 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]. Anyone seeking to remove the tree needs your permission as a co-owner. The second issue concerns the trunks of your cedar trees. They told me what the additional costs would be and suggested we “split” the costs. Also, some cities and towns have by-laws against tree species that can damage roads and water systems with their very roots. No consent was given. If the trees are boundary trees, then hopefully your surveyor should be able to determine this from the stumps alone. As such it does not apply where the boundary is marked out by trees. 1. Toronto City Planning has no objection! Here is my question. Each of you has to get the other’s agreement before doing anything to the tree. Every tree whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining lands. Scheuermann charged his neighbour under the Ontario Forestry Act and the neighbour was convicted and fined. 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