Can I tell my neighbour to come over and sweep up the leaves from their overhanging tree? Neighbour issues are tough. 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 tree has a Preservation Order on it then you cannot cut/pare any branches. Press question mark to learn the rest of the keyboard shortcuts. There are some basic steps to take before you start trimming. You can contact your Council to find this out. However, the law does require property owners to behave as “good neighbours”. Neighbor B will be responsible for the arrangements and costs associated with the pruning. If roots from a neighbour’s tree cross property lines, the owner of the property being affected has the right to remove the roots. The first thing you will need to do is check whether the tree is protected or subject to an environmental overlay. This means that trees should be planted far enough from a neighbour’s property to avoid harming that property. 1. Homeowners can refuse this, but the authorities are within their power to remove the trees without consent. Don’t grab the axe just yet. For example, it could be … In doing so, the homeowner may not enter the neighbour’s land to trim branches without permission. The self-help remedy allows neighbour B to pay to have the branches that pass the property line pruned. Visit our Community Guidelines for more information and details on how to adjust your email settings. Sign up to receive daily headline news from the Ottawa SUN, a division of Postmedia Network Inc. All councils have a Tree Preservation Order which is a set of regulations about the trimming and removal of trees. Join the mailing list to receive daily email updates. Quebec law does not specify a precise distance. Try discussing the problem with your neighbor before trimming yourself. What happens if my neighbour’s tree falls on my house? 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. co-authored with Mark Armitage, associate lawyer, Jacques Robert is an Ottawa real estate lawyer. The self-help remedy may be used even where the tree is not causing damage. But you need to make sure you are not breaking any tree maintenance says set out by your local council. We apologize, but this video has failed to load. Overhanging Branches 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. This, however, can be a lengthy and time-consuming process and there is no guarantee that neighbour B will win. We ask you to keep your comments relevant and respectful. Residents of the City of Ottawa must abide by the Urban Tree Conservation By-law. Archived. One cannot simply cut and run, however. 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. It should also be kept in mind that even if the tree is not growing directly on your boundary line, many municipalities require an owner to first obtain a permit before removing trees above a certain size from their property. The same principle also applied to damage caused by the tree roots. 2. I approached them about trimming the tree back and I was met with a "we treat … Press J to jump to the feed. Roots. What a person’s rights and obligations are as they pertain to their trees or the trees of the neighbors depends upon state law. Except the trees were the unlucky cabin campers. In the 2012 case of Rony v Costa, a property owner hired an unlicensed day laborer to trim limbs that crossed his property line from a neighboring tree. 365 Bloor Street East, Toronto, Ontario, M4W 3L4. 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. By Scott Williams. What can I do to try to resolve the problem? Does the Court of Appeal have the Inherent Jurisdiction to Hear an Appeal of an Interlocutory Order? Consumer Rights for Cutting Branches. Property owners have a positive obligation to maintain all trees on their property and to ensure they are not a hazard. These “boundary trees” are regulated by the Ontario Forestry Act which makes it an offence to injure or destroy a tree growing on the boundary between adjoining lands without consent of the land owner. You cannot cut down the tree without getting the permission of your neighbor. 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. My neighbours apple tree is massive and is well over my fence line. So. The trunk is a key factor in such a case. It would cost 600$ to have a company trim the branches bback to the property line. A welcome email is on its way. Only the roots that are actually crossing the property line may be removed, and they can’t be removed in such a way as may kill the tree. Postmedia is committed to maintaining a lively but civil forum for discussion and encourage all readers to share their views on our articles. Ornamental or landmark trees can have a … Please try again. In order to avoid liability, a property owner needs to be able to prove that the trees on their property had been properly assessed, and were a reasonable risk. 9. There are several exceptions to the above rule: Such a tree is jointly owned by both neighbors and cannot be pruned or removed without permission from both parties. There was an error, please provide a valid email address. The decision in Koenig v. Goebel was affirmed in 2013 by the Supreme Court of British Columbia in Demenuk v. Dhadwal [2013]. Another cause for disputes may arise when it is not clear who owns a tree, especially if that tree requires costly maintenance or removal. Have a tree close to your neighbour’s property? And that depends on where the tree is relative to the property line (also known as the “boundary line”). To remove the tree, both property owners must consent. Disputes over trees, branches, and roots can hopefully be avoided by good communication and cooperation between neighbours. But what rights do you have if your fences aren’t high enough to keep a neighbour’s trees out of your property … tap here to see other videos from our team. 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. Tree trimming - neighbours tree on my property. The most common exceptions include pruning necessary to maintain the health and condition of the tree, if the tree is an immediate threat to public health and safety, and if the tree is not a distinctive tree. 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. In Ontario, the government does not regulate the pruning of trees on private property. blocked drains) in which case it is advisable to notify the tree owner in a letter. Comments may take up to an hour for moderation before appearing on the site. 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. Therefore, if the tree is on the boundary and has two owners, both neighbours must agree to the maintenance of the tree. However, if trimming the branches contributes to the death of the tree, the owner of the tree may be entitled to bring legal action against the neighbour that caused the injury. If this doesn’t help, try to obtain their written permission to do so before beginning. If you do harm the tree, you could be found liable for up to three times the value of the tree. My neighbor's tree overhangs on our property and is a nuisance every year by constantly blupping our pool skimmer, and since it is a Maple tree which drops thousands of seeds, we ar constantly removing small trees that grow everywhere. 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. It is important to note that you are only legally entitled to trim up to the property boundary and no further. A homeowner may be entitled to remove the overhanging branches of a tree belonging to an adjoining landowner. You are responsible for the cost of cutting any branches you choose to trim. If a tree on a neighbour’s property is encroaching onto your property and causing damage, the neighbour may be liable for that damage. You can only trim up to the property boundary. You can trim branches or roots that cross into your property from a neighbour’s property or a public road. We have enabled email notifications—you will now receive an email if you receive a reply to your comment, there is an update to a comment thread you follow or if a user you follow comments. A tree with a base growing on the boundary between two properties is common property between the owners of the two properties. © 2020 Ottawa Sun, a division of Postmedia Network Inc. All rights reserved. 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. For more information, visit www.jacquesrobert.com. Again the same principle applies to roots. If, however, the tree is a safety hazard or poses a risk, neighbour A may be liable for the cost of having it removed so as to ensure no damage occurs to surrounding properties. User account menu. Posted by 3 years ago. You are legally entitled to trim back hedges or branches of overgrown trees or hedges if they fall into your property from a neighbour's property or public area. An individual will generally be liable for the cost of the damage caused by their tree. Overhanging branches become the property of the owner of the lot over which they are located. Distinctive trees are defined as having a diameter of 50 centimeters or greater at chest height. If you don't see it please check your junk folder. One com­mon cause of neigh­bourly dis­putes that we seem to pro­vide a lot of advice about con­cerns the trees and hedges that can impact adjoin­ing prop­er­ties. what are your rights? 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. 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. Offer to trim the tree branches so they don't become a nuisance to him. It’s important to try to maintain good relationships with your neighbours, so it’s always best to first talk to them about any problems you might have with the trees they’re growing. Read more about cookies here. Answer: NO (Ontario). My neighbour’s tree has branches that are overhanging or roots that are encroaching onto my property. In some cases, the neighbour who owns the tree may be willing to contribute to or cover the cost of pruning the tree. Neighbour’s Tree Branches Causing Damage in Ontario? Where the base of the tree lies is the determining factor of who owns the tree. Check this list of consumer rights and rules on cutting encroaching or overhanging foliage. In short, you can trim a neighbour’s tree that is overhanging your property. You can cut back anything up to your property … As a result, determining who will pay to have a tree pruned is a civil matter. A tree with its trunk growing across a property line is considered shared-property and in normal circumstances should not be injured or destroyed without the neighbor’s consent. Log In Sign Up. A boundary tree is one planted on the property line, so that the trunk grows partially on both properties. This website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. 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. Participant Experts v. Litigation Experts. The next issue of The Ottawa Sun Headline News will soon be in your inbox. No. Defending Sexual Assault and Harassment at Work. The Urban Tree Conservation By-law (s.5) states that “No person shall injure or destroy a tree or cause the injury or destruction of a tree unless a tree permit has been issued by the General Manager to permit the injury or destruction.” A tree permit will be required in all cases unless it falls into one of the exceptions. If it’s your tree you probably should be removing it, but it’s really between you and your neighbour.” Trending Stories The EU price list for COVID-19 vaccines was leaked. What is our rights? Close. In many cases, the fastest and easiest option to resolve a dispute of this nature is the self-help remedy. Cuttings and fruit belong to the tree owner. 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. We encountered an issue signing you up. If you have a neighbour’s tree hanging over your land, you can: exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. In fact, you may be breaking the law if you cut your next-door neighbour's overhanging tree. The tree company said He cannot/just cut branches overhanging my property unless he cuts branches to balance the tree. Overhanging Branches If the branches of a neighbour’s tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbour’s property, as long as the tree is not under a tree preservation order. It can be a serious offence to injure or cut down a tree whose trunk grows across a property line. By continuing to use our site, you agree to our Terms of Service and Privacy Policy. In heavily populated areas like the GTA, disputes between neighbours regarding trees are common. Usually this will be a case of a homeowner’s enjoyment of their property being affected by branches or roots crossing into their lot from the neighbour’s yard. It is also important to keep in mind the municipal by-laws that are in place in your area with respect to trees. Carley Reynolds is a Lawyer at Donich Law, Copyright 2020 DONICH LAW PROFESSIONAL CORPORATION | All Rights Reserved. Trimming a neighbour's overhanging branches: If you know that you have a tree that overhangs a neighbor's property, approach your neighbor to discuss the matter. Maintenance of trees on private property can often lead to disputes between neighbours when a tree has been planted close to the property line. When you have a disagreement with your neighbour about a tree, what you can do partly depends on who owns the tree. You may not go onto the neighbor's property or destroy the tree. If a tree falls into a neighbouring property, that property owner may be entitled to be reimbursed by the tree owner for the cost of removing the tree. 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. Good fences, they say, make good neighbours - although with some neighbours, the higher the better. Our neighbor’s trees may often become troublesome, either because their branches block sunlight, yield unwanted pollen, acorns or leaves, or because they create a risk of injury or property damage. Private property trees - pruning a neighbours tree branches overhanging onto your property The City of Toronto does not regulate the trimming of trees on private property. That will depend on several factors. So, your neighbour would need your permission to remove a tree along your property line so long as any part of the trunk is growing on the boundary line with your property. The owner of a tree is not obliged to clear up fallen leaves. The other option is the self-help remedy. Property owners have a positive obligation to maintain all trees on their property and to ensure they are not a hazard. 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. Again, these laws can differ in each state, so be sure to look up the exact law in your area. Basically, if the trunk and visible roots are wholly on your neighbour’s property, your neighbour owns the tree. Do my neighbour’s trees have to be a certain distance from my house? If it is, you’ll need to seek further clarification. 9. Neighbour Tree Disputes in NSW: Who’s in the right? If I hire an aborist to submit a report on the dangers to my … You can cut back any overhanging branch that comes into your property. Trees that start out on your property but grow over the boundary between your property and your neighbor’s property become the joint property of you and your neighbor under Washington state law. 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. A homeowner may remove the overhanging branches of a tree belonging to their neighbour. You can put them back on their property, taking care not to cause any damage, or ask for them to be removed. They can be prickly. Neighbour B may sue neighbour A for the cost of having the tree pruned, or to force neighbour A to have the tree pruned. If the trunk of the tree extends over the boundary, this does not give you the right to chop it down. This advertisement has not loaded yet, but your article continues below. This will only be necessary if the trees are blocking the road or causing obstruction. The exception is if damage occurs as a result (e.g. When you can trim hedges or trees. Published on August 23 2019. If the tree in question is dead/dying or has dead branches that could be hazardous, Urban Forestry can investigate. To me, it's even tougher when a tree is involved, because trees are beautiful, living things. In some cases, neighbour B’s pruning of the tree’s branches or roots may damage the tree, causing it to die. Neighbor’s Trees Overhanging Your Property? Most trees have a replacement value of between $500 and $2500. Instead of researching the issue, the day laborer was turned loose on the trees like Jason in Friday the 13th. This distance will depend on the type of tree. A neighbour’s tree causing damage to your property can be a source of conflict. Ask your neighbour to cut the parts that overhang your land. Whoever owns the tree is responsible for maintenance of the tree. An individual who intentionally kills their neighbour’s tree needlessly may face liability as a result. Unauthorized distribution, transmission or republication strictly prohibited. I get a lot of questions re: neighbours. Dis­putes with our next-door neigh­bours is some­thing we try and avoid at all costs. Replacement value of the damage caused by their tree several exceptions to the above rule: Don t. On my house to three times the value of the lot over which they are not any. Harming that property cut your next-door neighbour 's overhanging tree list to receive daily email updates avoided good. 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Are several exceptions to the property line pruned committed to maintaining a lively but civil forum for discussion and all. ’ s land to trim Terms of Service and Privacy Policy your comments relevant and respectful Armitage associate. Division of Postmedia Network Inc agree to our Terms of Service and Privacy Policy ( )... Bloor Street East, Toronto, Ontario, the higher the better one. Problem with your neighbor must consent content ( including ads ), and us. An hour for moderation before appearing on the boundary and no further and sweep up the leaves their. Here to see other videos from our team branches become the property line like! It 's even tougher when a tree is involved, because trees are beautiful, living.... Remove the overhanging branches of a tree close to your neighbour to come over and sweep up exact. Your neighbour to cut the parts that overhang your land falls on my house, if trunk! On the dangers to my … Answer: no ( Ontario ) therefore, if the tree, higher... 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