Shared/border trees on property line

A common question I get is whether or not you can trim whatever crosses your property line. The short answer in Ontario is yes. The caveat though, is that if your area has a private tree bylaw, or any other bylaw applicable to the tree in question, you have to follow it while taking trimming action. This may mean that if cutting at the property line would harm the rest of the tree you would be at fault legally.

What about a tree on your property that the neighbor would like removed? Maybe because it is shading their property, or they are afraid it will fall and cause damage?

Generally if you own the trees base, and it isn’t a safety hazard, they can’t force you to cut it down.

With trees straddling property lines both owners have to be in agreement to cut it down.

These are tricky situations. Generally if the tree were to fall and cause damage the insurance of the property damaged pays for it, not the owner of the tree. However, someone may sue the owner of the tree if they think it was intentional neglect that led to the tree falling.

Remember, just because there might be a legal way to get (or get out of) something without consensus with your neighbor, doesn’t mean its a good way of doing it. Whenever possible have an open and intelligent conversation with all involved, and try to come to an agreement that everyone can be content with.

Neighbors can go to the city and request an order to remove tree hazards. This is good for actually dangerous trees, and when either the owner refuses to do anything about the tree hazard, or where they cannot be contacted directly.

Since trees bring up unique situations the laws are a bit complicated and messy around border and boundary trees. This article is just to give a little background, it is not legal advice!