What to do with a tree that sits right on the boundary of your property with your neighbour can quickly become a hotly contested issue with legal implications.
It’s important to have a clear understanding of the situation before taking action — otherwise a simple tree removal can turn into a long lasting feud.
Here’s a quick summary of some of the things to consider when dealing with trees that are on the property boundary.
Who owns the tree?
Ultimately, the owner of the property where the tree trunk is located has the right to decide what to do with the tree, even if the tree blocks the view or extends into neighbouring property. As the owner of the tree, they are also responsible for any injury or damages caused by the tree or tree roots to neighbouring property.
It’s important to note that if the branches of the tree do extend onto another property, the neighbour has the right to trim back the branches as long as they do not enter the neighbour’s land without permission and do not harm the tree.
Responsibility for pruning or maintaining the branches of the tree belong to the property owner that the branches hang over.
Boundary Trees — A tree with two owners
If the base of the tree sits directly on the property line to the point that there is no clear owner, then both owners share the responsibility for maintaining the tree. In these cases, neither owner can act on their own.
Clear communication is important
As with most things in life, it’s important to have a clear and open dialogue with any neighbours who may be affected before committing to any tree work. A simple misunderstanding can turn into a larger issue and lingering trouble.
In addition, there are specific legal issues and fines that can be given if you do damage or remove a tree outside your property. In Ontario, you could be responsible for paying back up to three times the value of the tree — and damaging a boundary tree without consent can lead to a fine of up to $20,000 or even prison time for up to three months.
Get an assessment from a tree services professional
If there are differing opinions about the condition of a tree or how to maintain the tree without causing harm, it’s a good option to bring in a tree expert who can properly assess and make a recommendation on the next steps.
A dead or decaying tree that is on the boundary of two properties could ultimately cause damage to both, so having an independent and objective viewpoint from an experienced professional can help clear up any misunderstandings.