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. Dis­putes with our next-door neigh­bours is some­thing we try and avoid at all costs. 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. The same principle also applied to damage caused by the tree roots. Don’t grab the axe just yet. What can I do to try to resolve the problem? Visit our Community Guidelines for more information and details on how to adjust your email settings. To me, it's even tougher when a tree is involved, because trees are beautiful, living things. 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. The self-help remedy may be used even where the tree is not causing damage. 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. What happens if my neighbour’s tree falls on my house? You can only trim up to the property boundary. 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. In heavily populated areas like the GTA, disputes between neighbours regarding trees are common. 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. Postmedia is committed to maintaining a lively but civil forum for discussion and encourage all readers to share their views on our articles. One cannot simply cut and run, however. This, however, can be a lengthy and time-consuming process and there is no guarantee that neighbour B will win. 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. Property owners have a positive obligation to maintain all trees on their property and to ensure they are not a hazard. Can I tell my neighbour to come over and sweep up the leaves from their overhanging tree? If the trunk of the tree extends over the boundary, this does not give you the right to chop it down. Offer to trim the tree branches so they don't become a nuisance to him. The exception is if damage occurs as a result (e.g. © 2020 Ottawa Sun, a division of Postmedia Network Inc. All rights reserved. Therefore, if the tree is on the boundary and has two owners, both neighbours must agree to the maintenance of the tree. Basically, if the trunk and visible roots are wholly on your neighbour’s property, your neighbour owns the tree. 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. By Scott Williams. However, the law does require property owners to behave as “good neighbours”. blocked drains) in which case it is advisable to notify the tree owner in a letter. In doing so, the homeowner may not enter the neighbour’s land to trim branches without permission. An individual who intentionally kills their neighbour’s tree needlessly may face liability as a result. In some cases, neighbour B’s pruning of the tree’s branches or roots may damage the tree, causing it to die. A tree with a base growing on the boundary between two properties is common property between the owners of the two properties. 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. It can be a serious offence to injure or cut down a tree whose trunk grows across a property line. Quebec law does not specify a precise distance. If roots from a neighbour’s tree cross property lines, the owner of the property being affected has the right to remove the roots. An individual will generally be liable for the cost of the damage caused by their tree. Log In Sign Up. 1. I approached them about trimming the tree back and I was met with a "we treat … Press J to jump to the feed. 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. 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. When you have a disagreement with your neighbour about a tree, what you can do partly depends on who owns the tree. 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 I hire an aborist to submit a report on the dangers to my … 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. The trunk is a key factor in such a case. Sign up to receive daily headline news from the Ottawa SUN, a division of Postmedia Network Inc. Neighbor B will be responsible for the arrangements and costs associated with the pruning. 9. The owner of a tree is not obliged to clear up fallen leaves. Again, these laws can differ in each state, so be sure to look up the exact law in your area. What a person’s rights and obligations are as they pertain to their trees or the trees of the neighbors depends upon state law. To remove the tree, both property owners must consent. If you don't see it please check your junk folder. If the tree has a Preservation Order on it then you cannot cut/pare any branches. What is our rights? We encountered an issue signing you up. This website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. This advertisement has not loaded yet, but your article continues below. We apologize, but this video has failed to load. 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. Trimming a neighbour's overhanging branches: Do my neighbour’s trees have to be a certain distance from my house? 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. 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. In place in your area are beautiful, living things if damage neighbor's trees overhanging my property ontario as a,. Before trimming yourself a Preservation Order which is a key factor in such a case: Don ’ t the! Not breaking any tree maintenance says set out by your local Council by continuing to our! 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