The roots of said tree created a bulging hump in my paver stone walkway which was a condition that existing at the time I purchased the house about 7 years ago. What percentage of the tree needs to be on one or the other side of the line for it to be considered a boundary tree varies. We’ve hired a surveyor who will be out in a few days, and already filed a police report. Based on what you indicate above, it seems that your neighbour has trespassed onto your private property to trim the trees. In Toronto, a tree with a diameter of 10 cm would not require a municipal permit to have it removed. 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. The trees might become unstable and become an actual safety hazard. Can you outline the process for having the owner and violator of the Forestry Act charged with the offence. How can we stop this person from doing anymore harm? I suggest you check out these 2 websites for information on this: https://www.toronto.ca/311/knowledgebase/kb/docs/articles/parks,-forestry-and-recreation/urban-forestry/bylaw-enforcement-trees-or-tree-branches-decayed-damaged-hazardous-dangerous-on-private-property.html, https://www.toronto.ca/311/knowledgebase/kb/docs/articles/municipal-licensing-and-standards/investigation-services/private-property-trees-pruning-a-neighbours-tree-branches-overhanging-onto-your-property.html. 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). We share a number of trees between our property line and a developer who wants to build an 8 storey building beside me. Last amendment: 2009, c. 33, Sched. “If it is a boundary tree, that is where it gets tricky. Regarding Urban Forestry—we found that they can be very sluggish with trees that are on their invasive species list. (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.) 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 … Learn more about conflicts with neighbors, trees, property, real estate, property lines, damage, and other legal topics at FindLaw's Real Estate section. It is my understanding that in the case of a boundary tree, you can prune tree branches that extend across your property line, as long as the pruning does not injure the tree. (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. Toronto City Planning has no objection! Refer to the cedars as “trees.” Any advice would be greatly appreciated. The issue of boundary trees—trees that straddle property lines—appears to be a growing, and increasingly confusing, legal concern for Toronto neighbours. There is no clause in the City by-laws that exempts certain species. Other statutes, such as the Municipal Act and the Pounds Act, as well as common law, impose a duty … Thank you in advance. 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. I immediately texted this contact person and says the developer left a letter in the mail box indicating which trees would be cut down. It is probably best to do the above in the form of a letter with a tracking number or signature required. Thanks for any help you can offer! It sounds like these are NOT boundary trees, but trees growing entirely on your side of the property line. 1990, Chapter S29. (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.). 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. The trees have been healthy, with no limbs that would look like posing any risk of falling. If you are concerned about the condition of a neighbour's tree, speak to them first before contacting the By-law Enforcement Department - they may not be aware of the potential hazard. He says Manitoba Maples are considered invasive species and not subject to requiring a permit to cut down. Change ), You are commenting using your Facebook account. 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. Is there a law on how close he can plant these trees? Our law office is located in Oshawa to serve the Durham Region including Whitby, Ajax, Pickering, Bomanville, Newcastle, Courtice and Port Perry. The trunk of the tree is likely only ~10cm in diameter. Heritage trees and endangered species are also protected. 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. A survey will identify where a tree is situated relative to all property boundaries. A tree that is located on the boundary line cannot be removed unless both parties agree to do so. They told me they will remove the fence and tree stump and build a new fence as part of the reno. 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. Share that you have arborist report showing that the tree is healthy. So earlier this year I met a guy who left a letter in my mail box (no lives at this property) who says he wishes to discuss cutting down some trees in the back yard. Ms. upheld by the Ontario Court of Appeal 2015). Earlier this year, the Ontario Superior Court of Justice was again asked to untangle a boundary tree-related dispute between two Toronto neighbours. My neighbour, who moved in maybe 5 yrs ago or so, has suddenly decided he wants maple trees. Oakville, ON L6H 0H3 A suggestion would be to check the home and car insurance. 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. As of January 1, 2020, the fee for an Application to Injure or Remove Trees has changed. 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.” Came across your website via google and after reading the Globe and Mail article about your case several years ago. 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. 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. 22, s. 4. Thank you. The police may or may not know about the Ontario Forestry Act (see 4. below) but you can tell them about it. To my knowledge, if a boundary tree is declared terminally diseased or considered an imminent hazard, the co-owners are equally responsible for the cost of removal—unless they come to some other agreement. We are in Oakville, but this appears to be mostly a civil matter. I expressed my unhappiness on him trespassing and altering the trees on our side. Other trees show inches of the trunk are on the property line some are well over the property line. Can i oppose this and is there legislation that will allow the developer to proceed at some point? “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. If the tree is a boundary tree, then it is co-owned property. See the Diseases and Hazards ​page for information on identifying diseases and hazards and how to address them. This is a formula that is used by arborists based on the species, height and age of the trees. It sounds like you will need to have clarity on which tree trunks cross your property line. Removing or intentionally altering or damaging a shared tree without permission could result in civil action against you, and … Our neighbour is now threatening to sue us to cut down our tree. See the. The only exception would be if the tree is an “imminent hazard” and it appears that you have done your due diligence with arborist reports to show that it is healthy. Most were on the property line and only a few may not have been. 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 Chapter 8, the author shares the first-ever comprehensive review of tree law in Quebec. 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. Boundary trees in Ontario are governed by the Ontario Forestry Act. If you or your neighbor are concerned about safety and property damage, then I suggest having an arborist come and evaluate the tree. Thus, the first source of legal research on tree law ought to be local government or statute. We share 5 trees on the boundary line. Thank you for your reply. Image by Julian Dunster via Tree Service Canada (In Toronto it is 30 cm or more.) 2. Section 10(2) of the Act was recently judicially considered by the Ontario Superior Court in I am so sorry to hear about this situation! A certified arborist is best—but an informed person from a local nursery would be helpful, too. 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. A tree whose trunk is on the boundary between properties belongs to both property owners, according to the Forestry Act of Ontario. The neighbour wants the “trees” removed. Thank you. In Chapter 8, the author shares the first-ever comprehensive review of tree law in Quebec. Let your neighbor know that you believe some or all of the trunks of the cedar trees cross the property line. 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. 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? In any case, your neighbor cannot cut down any of your trees or the co-owned trees without your permission. 1990, Chapter F.26. You cannot remove a shared tree without the permission of all owners. Then call the police. Months go by and no contact. BY ROB KENNALEY AND KIRK BROWN. Do you have survey? But yesterday, he cut them down before we realized it, it was a huge shock to us. 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. Forestry Act. Does the cost of taking down a boundary tree get split between neighbours. (You would have to ask a lawyer about the right-of-way property–that’s a very interesting situation! He is trying to build 2 houses in the backyard of corner lot. Removing or intentionally altering or damaging a shared tree without permission could result in civil action against you, and … Now the trees have no flowers, thus no apples on the lower branches and I could not reach the top of the tree for apples anyway. 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 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. 1. Every tree whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining lands. Boundary trees in Ontario are governed by the Ontario Forestry Act. Recently, however, the house next door was demolished and new one is currently being constructed. I never received any such letter. 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. I was even told that if the tree was solely on my property I would not get a permit to remove it according to the Forestry by laws as the tree is healthy. 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. Tree is clearly on property line , fence stops and starts on each side of tree. 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. Ms. I have contacted my City Councillor as well. 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 very much for maintaining this website. 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. Your neighbor requires your permission to remove it. I have an ash tree on property line that is diseased and slowly dying. 102, 624 A.2d 166 (1993)) the Court noted it might be possible to have a prescriptive easement for tree limbs after 21 years. Scheuermann charged his neighbour under the Ontario Forestry Act and the neighbour was convicted and fined. 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. It might also help to point your neighbour to the info on this website. One thing you can do is: “officially” inform your neighbour of your co-ownership in the trees–if you haven’t already done so. (This is the case even if s/he had a municipal permit to cut the trees down.). 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. The second court case (2017) posted on this website (Scheuermann) vs Gros) was situation where a neighbour went ahead and cut down boundary trees without permission (in Ontario). 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