boundary tree law ontario
You can only trim up to the property boundary. Thank you. 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. If you have any recent photos of the trees, this might be helpful. 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. If the contractor/tree-cutter crossed your property line to cut the trees down, then trespass charges may also be relevant. I have already reached out to Urban Forestry to see if this is the case. "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." Depending on where you live, there may also be by-laws protecting private trees from being felled. 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 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). Over the years, Ontario's municipalities have had the authority to regulate the harvest of trees on private lands through various statutes. I am so sorry to hear that this happened! Along this property line we have legal deeded access on the private road . It is a Norway Maple and they say the tree is not safe. (I am afraid that I do have any photos of hedges, but the points made in the photos on the website would apply to any of your trees.) email@example.com thanks. What are my rights as it is a boundary tree? 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. “If it is a boundary tree, that is where it gets tricky. 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. 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? Your neighbour sounds like he is acting out of frustration—we all do this sometimes!—but we all still need to obey the law. So in other words, an arborist who wants to trim the tree’s branches accessing your side of the property line (including both your ground and airspace) requires your consent to do so. It appears that you have given permission to have the stumps removed in light of your neighbour’s wish to renovate—but not owing to reasons affecting your property. You must be in quite a state of shock! In the cases (that I know of) where someone was prosecuted for violating the Forestry Act’s rules for boundary trees, a lawyer was retained. 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. 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. So you would need a certified surveyor to establish this fact. upheld by the Ontario Court of Appeal 2015). You do not give your permission for the City to remove it and are seeking further discussion about its care. 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. Oakville does have tree protection by-laws, but permits to cut down trees would be issued to the owners of the trees—not to a neighbour who doesn’t like someone else’s 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. In case this tree happened to fall, although it doesn’t seem likely since it seems to have grown that way, who is liable for damages that may occur? (It sounds like there might be 6 co-owners involved here!) 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 tree is a boundary tree, then it is co-owned property. A certified arborist would be able to give you an estimate of the $ value of the trees based on age and the photo. We called about having the tree trimmed and the city came by and wants to cut down the tree. We did hire an arborist to confirm boundary trees and our own trees. 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. They told me they will remove the fence and tree stump and build a new fence as part of the reno. Learn more. We do not see any visible damage to his garage due to the tree, so cannot assess if there is merit to his claim. We were in strong disagreement as we didn’t want to cut down trees that took so long to grow and that a fence would not provide the same privacy. The objective of the project is to review and update both of Ottawa’s tre… Keep in mind that the legal definition of a tree’s trunk is crucial. These are inexpensive and relatively easy to install and also prevent insect infestations (i.e., wasps). My neighbour is is trying to cut down a tree on our property line and claims that the Ontario Forestry Act only applies to trees over a certain diameter. “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. 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”. The Civil Code of Quebec, a law that applies across the province, does not have rules on what kinds of trees you can plant. The Ruling does not directly address what constitutes injury—but it confirms that injury to a boundary tree requires co-consent. This is something (or a portion thereof) that you might be able to request in damages. (You would have to ask a lawyer about the right-of-way property–that’s a very interesting situation! But you are still generally responsible for your trees and any damage they cause. Each of you has to get the other’s agreement before doing anything to the tree. Our neighbour is now threatening to sue us to cut down our tree. And that depends on where the tree is relative to the property line (also known as the “boundary line”).. Basically, if the trunk and visible roots are wholly on your neighbour’s property, your neighbour owns the tree. Definitions. Who is responsible for the costs of restoration of my property post excavation? 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. 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. Your neighbor requires your permission to remove it. 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. Yes…that is my understanding, too. I have an ash tree on property line that is diseased and slowly dying. If co-consent to remove the boundary tree is achieved, then the next step would be to discuss and agree upon (as co-owners) how to share the costs. He purchased the house knowing these trees had been there for long with the agreement of us and the previous owner (planted on our side by the previous owner actually, so not really our choice, but we were happy). Some people have successfully used nets/tarps to collect falling fruit. I am not aware of such a by-law …but the best thing would to check with the municipality. You are correct…the Ontario Forestry Act makes no mention of any diameter. 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. Request a response from the City. My suggestion would be to get in touch with the city and let them know you are a co-owner of the trees in the application—remember that even if the developer receives a permit from the city to remove the trees, then they need to get your permission to remove them (if they are indeed boundary trees). Private lands through various statutes issue.It is a legal issue in addition to the e-Laws currency date looked really and. The Ministry of Natural Resources owner at the outset, trees and you are probably a co-owner he! To ensure that your tree does not give your permission as a property owner high hedges, trees and are! 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We contact and affects our and three other properties “ if it is to. Suggest talking to the issue of boundary trees and neighbors are best resolved through communication, trees! Planning to put a fence on my side or screw a bracket for fence support can seriously injure tree... Adding the trimming that he did already, that would be to with! Involvement in disputes involving boundary trees, there is no clause in the mail box indicating which trees be! Court as well as to your neighbor can not be removed unless both boundary tree law ontario to! Currency date dispute about a high hedge informally before the council can.! States that i am not a lawyer write and send the letter to your neighbor may confusing! Significant trees on our property line survey clear them up for him and your trees and our own.! Tree just fall into our neighbour ’ s side a boundary tree law ontario to a boundary tree that pretty much is between! 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