So the statement: “….Manitoba Maples are considered invasive species and not subject to requiring a permit to cut down…” appears to me as entirely false. small leaved lime tree Whilst trees certainly have a great deal of amenity value, to say nothing of the increasing value of timber, trees can also be the cause of a great deal of trouble legally speaking. Any advice is greatly appreciated. That way if the City sends someone out, you have made them aware of your property rights. It’s important, however, to establish that the trunks are wholly on your side, following the definition of a tree’s trunk on this website. 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. I immediately texted this contact person and says the developer left a letter in the mail box indicating which trees would be cut down. He says Manitoba Maples are considered invasive species and not subject to requiring a permit to cut down. 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. However, am I allowed to prune the tree branches on my side or screw a bracket into the trunk for a fence support. My fence is about 4 inches inside my property. Unfortunately, our survey is from 30 years and doesn’t show any trees. 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. The Forestry Act is a provincial. 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. 905-845-6601. and I was planning to put a fence on my property a few feet in for privacy. In Ontario, if the trunks of the trees cross the property line, then they are boundary trees and are protected as co-owned property through the Ontario Forestry Act. Where a tree on private property is protected under the provisions of the Private Tree Bylaw, pruning of the tree is permitted provided the pruning is in accordance with good arboricultural standards. If the tree is a boundary tree and therefore co-owned, both owners must first consent to removing the tree. It outlines who is responsible for clean-up and damages when a tree topples over. Removing or intentionally altering or damaging a shared tree without permission could result in civil action against you, and … The Tree Protection By-law took effect in August 2016. Contact Info: 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 … In many, if not most, municipalities in Canada, a tree removal by-law or legislation dictates an approval is obtained before a tree of a certain caliper can be removed. What should I do ? I am wondering what the laws are for a boundary tree that is mostly on my side and partly on the City of Toronto property line. 10 (3) Every person who injures or destroys a tree growing on the boundary between adjoining lands without the consent of … The City of Toronto now has a new process for addressing boundary trees and can be found here: Hedges are often made up of both, so it’s important for you to establish that your hedge consists of trees. 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). 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. (You would have to ask a lawyer about the right-of-way property–that’s a very interesting situation! A survey will identify where a tree is situated relative to all property boundaries. 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. 3. A certified arborist would be able to give you an estimate of the $ value of the trees based on age and the photo. That would be about 1/3 of the canopy and make the trees totally lopsided. However, today they sent me an email stating that they could not grind out the stump for the same reasons I mentioned above. Our neighbour is now threatening to sue us to cut down our tree. Image by Julian Dunster via Tree Service Canada A hedge is always a complex situation: it’s possible that some of the trees in the hedge may be boundary trees but others not—some trees may fully belong to you, some fully belong to your neighbor, and some are shared. This is what the 2013 legislation established. Thank you. Change ), You are commenting using your Facebook account. 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). 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. 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? Recently, however, the house next door was demolished and new one is currently being constructed. There have been an increasing number of cases in Ontario involving boundary trees, and it’s probably best to consult with a lawyer about the specifics of your situation (including the issue of deeded access), and perhaps send notification to your neighbour of your co-ownership in the trees. You do not give your permission for the City to remove it and are seeking further discussion about its care. https://boundarytrees.com/toronto-what-is-urban-forestrys-procedure-for-boundary-trees/. Yes…that is my understanding, too. There is no clause in the City by-laws that exempts certain species. If this is the case, then you can also ask for compensation. You might also tack up a “no trespassing sign” on your side. 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. Lastly, as far as I know, someone cannot cause damage to a neighbour’s property, including when renovations are being done, and must reasonably avoid doing so. Who is responsible for the expense of removing such a tree? 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. We lived in our house for over 20 years enjoying very mature landscaping in our rear and front yards. While I understand trimming small branches extending to his side, he had trespassed to our side and trimmed all around the trees stating that it was just “an act of good neighbour” to give it “nice shape”. 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. While section 3 of the Line Fences Act gives property owners the right to build and maintain line fences, it does not force property owners to build line fences to mark their boundaries.. The cedar fence is mutual and his development will also impact my Ravine protected old oak trees. The branches hang over both sides of the property. 3. 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. According to … 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. If you intend to injure or destroy (remove) a protected tree you must obtain a permit. 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. If not, a next step would be to have a “line reading” by a surveyor (this is much less expensive than an entire survey) and have them insert posts so that you can establish that the trunks cross the property line. 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. Similarly, the owner of one property can only plant a tree on the boundary line between two properties … It doesn’t hurt to register your case with them, even if they do not act on it. We live in Mississauga. What is interesting about this, however, is that many of these trees may have to be reclassified in conditions of climate change, since some of them are among the most resilient species. 1225 Trafalgar Road ( Log Out /  If the trees are boundary trees, then hopefully your surveyor should be able to determine this from the stumps alone. 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. We have a boundary tree that has toppled over and damaged the fence (due to the uprooting) and the neighbours car. Because there are 15 trees involved, the sum of their worth may be quite significant. They told me what the additional costs would be and suggested we “split” the costs. We have a neighbour that owns a private road where we have a legal deeded access then we have a tree line for privacy which has When you can trim Either owner can … 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. If you do end up hiring a lawyer, make sure that they are familiar with the boundary tree law! Thank you! I am very upset about this. I never received any such letter. ), Click to access 94f3-parks_forestry_recreation.pdf. He has asked the city to demolish the trees. The issue of boundary trees—trees that straddle property lines—appears to be a growing, and increasingly confusing, legal concern for Toronto neighbours. Ps. Do trees support adverse possession claims? 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. Last amendment: 2009, c. 33, Sched. In Ontario, however, the Ontario Court of Appeal has recently clarified that an obscure statutory provision, found in the Ontario Forestry Act, means that a “boundary tree” (a tree whose trunk straddles a property line) is jointly owned by both property owners. The other day he tore out a row of lilacs growing on the boundary and planted a maple tree. In other words the post and the mesh were deeply embedded into the remaining trunk and roots. (If your neighbour is not an arborist and cuts off large boughs, then he is quite likely to injure the trees.) Its branches knocked my metal pipe chimney down, the trunk is crushing the fence between our properties and a shed roof of mine, and my roof is threatened. Last summer we had a look at the property lines together with the new neighbours, so they certainly were aware that the trees are on our side. This tree started on his property, has now spread to mine, and needs to come down. 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. In some cases, co-owners have had a lawyer write and send the letter. They told me they will remove the fence and tree stump and build a new fence as part of the reno. A tree that is located on the boundary line cannot be removed unless both parties agree to do so. Can he trim his side without asking me? “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. In addition, municipalities with a population greater than 10,000 could forbid the cutting of trees … I would definitely urge an updated survey—the one from 3 years ago may not use an updated definition of a tree’s trunk. https://www.bracebridge.ca/en/live-here/Environment-Trees-and-Yards.aspx, 5. (I also suggest talking to the other neighbors involved and let them know about the plan to cut down the hedge. Fraser Law attorneys provide professional lawyers consultation with integrity and trust. 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 blog is written by our law summer student, Ira Marcowitch. See the Diseases and Hazards ​page for information on identifying diseases and hazards and how to address them. But how can the trees be properly assessed as border or shared when the trees have already been erected and only stumps remain? Who owns the tree. Where a tree on private property is protected under the provisions of the Private Tree Bylaw, pruning of the tree is permitted provided the pruning is in accordance with good arboricultural standards. In my experience, it is best to have a licensed surveyor confirm that the tree’s trunk crosses all the properties. Section 10(2) of the Act was recently judicially considered by the Ontario Superior Court in 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). Border trees may or may not have trunks that cross over into an adjacent property—so they may or may not be “boundary trees.” Anyone who wants to cut down a tree near the edge of their property, however, needs to be very careful that they are not removing a boundary tree—i.e., co-owned property. A tree whose trunk is on the boundary between properties belongs to both property owners, according to the Forestry Act of Ontario. Is it an arborist or does it require a property line survey? If any of the stumps cross the property line, then your neighbour has cut down co-owned trees and can be prosecuted under the boundary tree law. 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. Doing some of these things proactively will help you establish your co-ownership rights at the outset. 102, 624 A.2d 166 (1993)) the Court noted it might be possible to have a prescriptive easement for tree limbs after 21 years. 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. Screwing in a bracket for fence support can seriously injure a tree. 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. If the contractor/tree-cutter crossed your property line to cut the trees down, then trespass charges may also be relevant. 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. Other statutes, such as the Municipal Act and the Pounds Act, as well as common law, impose a duty … I believe he also took the contractor to court as well, since they are liable regarding knowing and following tree law. A few thoughts….when a tree becomes unhealthy there are several remedies—not all of them need involve cutting the tree down. To verify that it is a boundary tree who do we contact. This does not seem to apply here. Evelyn. I contacted 3 different arborists and they all have confirmed the tree is fine and we’re very surprised the city wants to cut it down. Hi No consent was given. What are my rights as it is a boundary tree? Just one question I don’t see answered. We are in Oakville, but this appears to be mostly a civil matter. In all cases you must know the exact location of the boundary and the tree. I have a question about trees being planted. This by-law protects our trees in two ways; by protecting trees within “Tree Protection Areas” and protecting “Distinctive Trees”, trees with a diameter ≥50 cm. The question regarding the canopy of a boundary tree that is co- owned , is there anylaw on how high one can trim or cut branches of a boundary tree. Ms. It is your responsibility as a property owner to ensure that your tree does not pose a safety risk to you or your neighbours. The trees he is planting are all on the property line. The act of pruning trees on neighbouring private property affects private property rights and is a civil issue between private property owners. “If it is a boundary tree, that is where it gets tricky. 22, s. 4. 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. You cannot remove a shared tree without the permission of all owners. Hi There It might also help to point your neighbour to the info on this website. Oakville, ON L6H 0H3 Is this considered injuring it? Get in touch with your municipal councillor and ask for assistance. If you or your neighbor are concerned about safety and property damage, then I suggest having an arborist come and evaluate the tree. The boundary tree had gown around a 3 inch metal fencing post as well as mesh fencing. Tree Protection By-law. Based on what you share above….if the trees are boundary trees then you are the co-owner and must consent to have them removed. You will each be responsible for whatever portion of the tree is on your property. You can politely explain that if this is the case then the trees are: This might help prevent any further destruction of—or injury to—the trees. The birch already shades my pool from about 2 pm onward which makes warming the pool with the sun difficult. Urban forestry has objected. 4457 E-mail: treeprotection@london.ca Instructions Fee Schedule 1. This means that if your tree is wholly on your own property, removing it may impact or damage your neighbour's property because the roots extend beyond the property line. In addition, you can share with the police some of the past history and your concerns that your neighbour will trim the trees in such a way as to make them hazardous. Doesn’t this automatically mean that it is his or her tree? We only see the stumps at this point. He thinks he cannot be expected to rake apples on his side because the tree is not his. Avoid any actions that could threaten the health and longevity of the tree: over-pruning, removing branches or limbs, or damaging the bark of the trunk all risk exposing the tree to infection.​. Written by Dr. Julian A. Dunster, one of Canada’s leading consulting arborists, Trees and the Law in Canada covers nuisance, trespass, negligence, damage appraisal, personal injury, and property damage. To me fallen apples, just like fallen leaves, are just like part of nature. 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. Have many lower branches that have broken off from years of being squeezed between two boundary tree law ontario... Both property owners, according to the e-Laws currency date side of tree total canopy they have seen. 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