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BOUNDARY TREES

Trees with trunks growing across property lines are called “boundary trees.”
In Ontario, boundary trees are considered common property (i.e., co-owned property) and fall under the legal provisions of the Ontario Forestry Act Section 10. The Forestry Act indicates that it is a prosecutable offense for one co-owner to injure or cut down a boundary tree without the other co-owner’s permission. Under the Act, failure to acquire the consent of a co-owner can lead to a fine of $20,000+ and/or 3 months in prison.
Boundary trees can sometimes lead to disputes between neighbours—especially if one neighbour wishes to remove a tree for construction purposes, a development project, or for other reasons. A recent Ontario legal ruling established protections for boundary trees (including those growing in cities), and clarifies the rights and responsibilities of co-ownership. The information on boundary trees contained in this site is based on this Ruling (2013)—copies of which can be downloaded.
Becoming aware of these rights and responsibilities is an important step toward better stewardship of our trees, as well as avoidance of costly court fees.
The 2013 Boundary Tree Ruling established that the “trunk of a tree” includes everything from the root-collar to the tree’s first branch. If any portion of the tree’s trunk (whether at the base or above it) crosses the property line—it is considered a boundary tree. In many situations, the base of a tree may be on one side of the property line, but at another point, higher up on the trunk, it crosses the property line. It is important to be aware that there are many points on a tree’s trunk that can cross a property line. If any portion of the trunk crosses the property line, a tree can be legally considered a boundary tree and treated as co-owned property. (Photos of boundary trees are available here and can help you to discern your tree’s status as a boundary tree using the criteria established by the 2013 Ruling.)
Note: even if you or your neighbor has obtained a City-permit to cut down the tree, it does not give you/them automatic rights to do so. A City-permit does not cancel out anyone’s property rights in a co-owned tree. (If you read the fine print on a City permit, usually there is a clause to this effect.)

A CAUTION to homeowners and developers about cutting down a boundary tree without a co-owner’s permission!

Since 2013,  home-owners, developers and contractors in Ontario have found themselves in expensive court-cases for cutting down boundary trees without the co-owner’s permission. Fines have ranged from $6,250 to $37,000. Contractors have also faced civil suits for monetary damages. Read the Feb. 3 2018 Toronto Star article by property law expert, Bob Aaron: “Homeowners should always get neighbours’ permission before taking down boundary trees” here.

PROTECTING existing trees is just as important as planting trees:

Sometimes trees can become dangerous and unsafe, and clearly tree safety is something everyone should want and be entitled to. But if your shared, boundary tree is a healthy tree, co-owners should think carefully about preserving it. Why? The size of a tree and the amount of healthy leaf area equates directly to the benefits provided to your household and the community. For example: a tree with a 75 cm diameter intercepts 10 times more air pollution, can store up to 90 times more carbon and contributes up to 100 times more leaf canopy than a 15 cm tree.
Toronto’s “urban forest” consists of over 10.2 million trees, 60% of which are on private property—so private homeowners are the majority stakeholder group in tree conservation. While it’s important to plant new trees, conserving existing trees is also crucial to a healthy urban forest. (Read more on the benefits of trees for cities in Every Tree Counts.)
TREES ARE A PRECIOUS URBAN RESOURCE:

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Trees growing on private lands are part of a larger ecosystem called the urban forest. All trees filter air, absorb carbon, provide shade against UV rays and provide habitat for urban wildlife. Trees are generous: they are life-giving not only for individual home-owners, but also for the larger neighborhood, including animals in “the hood.”

50 Comments on “Welcome”

  1. Hi Hilary,

    Our community has a situation that involves several shared trees that will be subjected to injury or removal due to a re- development.

    Do you have knowledge on how the City of Toronto or Urban Forestry or our local Councillor protects private trees that are shared with the City and is deemed to be removed due to an OMB decision? Can it be saved in anyway?

    Private trees that are shared with neighbors will the City/Urban Forestry give the developer their permit to injure the boundary tree and will the building department permits still be issued if a civil suit is in action? Can we stop permits from being issued to protect boundary trees?

    Lastly, I have been searching for the answer to this question…..Who enforces the Forestry Act? If someone commits against this act does someone ie bylaw officer come out to issue an infraction notice?

    I hope you can help me.

    Thank- you.

  2. The City of Toronto issues permits to injure and destroy trees–but the small print on the permit indicates that the permit-holder must assume all property or ownership-related legal responsibilities. In other words, the permit does not automatically give the developer the legal right to destroy shared trees. This means that the developer who wants to cut down boundary trees has to establish that they have the legal permission of the co-owners to do so. If the trees are boundary trees and co-owned–even though a developer has a City-issued permit–by law they MUST get consent from the co-owners. A common mistake that people make is to think that the City-issued permit gives one person (in this case the developer) SOLE property rights in the boundary tree. Co-owners have the legal right to protect their property, in this case their trees. (My understanding is that the OMB cannot give one property owner SOLE property rights in a boundary/shared tree either.) We went to court to establish this–the issue as to whether or not the City should be issuing permits is a good one. Our lawyers indicated that this would be a interesting legal suit. How can the City issue permits to destroy a shared piece of property (i.e., a tree) without the prior consent of all the owners?
    The Ontario Forestry Act covers boundary trees. The issue of who enforces it is an interesting one: in a recent case in Toronto, a property owner went to court and was successful in having the Forestry Act enforced. Since that time, many boundary trees have been protected. My suggestion would be for you to contact your City Councillor–sometimes they need to be made aware of the recent rulings–and ask them to support you. Ultimately the co-owners of the trees have to go to the developer and assert their shared property rights. This may involve a lawyer, but sharing with the developer this website and a copy of the Ruling is a good start. Many developers are not aware of the Ruling and in many cases they have actually made accommodations to save the trees.
    Hope this helps!

  3. Hi there- do you know where I can find information regarding what laws exist regarding boundary trees in the province of Manitoba?

  5. The information you have provided addresses the cutting down of boundary trees. Does the legislation also apply to the improper pruning (contrary to good arboricultural practice and/or likely to damage the tree) of a boundary tree by one of the co-owners against the wishes of the other co-owner?

    Also, are the plaintiff’s legal costs reimbursed in the event of a decision in favour of the plaintiff? The average homeowner typically does not have the financial means to fight civil suits against developers.

    Your reply most welcome.

  6. The Ontario Forestry Act protects boundary trees from destruction and “injury.” This means that if you can establish that the tree has been injured, then the boundary-tree laws applies. And yes…I know firsthand how expensive it is to mount a civil case! The 2013 Ruling, however, clarified the law. It increased legal risks for developers who do not obey the law. As a result homeowners are now receiving damages, namely in cases of trees being cut down.

  7. Thank you for this informative page! I was wondering if the ruling only applies to “trees”, or would it capture bushes or shrubs as well?

  9. Hi Hilary – There’s a tree on my lot that sits roughly on the boundary (I’m still not sure it’s actually on the boundary, but let’s pretend it is), which grows over my neighbour’s lot. I’ve actually agreed to share the cost of removal with my neighbour (so definitely have their permission to remove it) and it’s <30cm at 1.4m height. Do I need approval to remove it form the City of Toronto, or can I just go ahead and do it? Do I need permission to remove it simply if it is a boundary tree?

  10. If you wish to remove a boundary tree growing on private property, you need your neighbor’s permission-—it sounds like you have this. (You may wish to have it in writing.)

    If the tree is located in Toronto and is of a certain size, then you also need to get a permit to remove it. All the information you need for Toronto permits is here:
    https://www.toronto.ca/311/knowledgebase/kb/docs/articles/parks,-forestry-and-recreation/urban-forestry/permits-removing-or-injuring-trees-on-private-property-private-tree-bylaw.html

    If you live in another municipality, then you will need to check to see if there are tree-bylaws and if you need a permit.

  11. Hilary,

    I have a boundary tree with a neighbour that needs to be removed. It’s size will require a permit as per the City of Toronto. It is in poor condition with several large branches showing decay. I believe an arborist report will clearly indicate that the tree should be removed. My neighbour has said in the past that he will sign what is necessary to remove the tree but will not cover any of the cost associated with it. I have read case law in Ontario that says he would be responsible to cover half the costs. Jessica Laciak v City of Toronto, 2014 ONSC 1206 (CanLII)

    What steps should I follow so that he covers 50% of the costs associated with the removal of the tree.

  13. Hi Hilary
    Our neighbours pine tree overhangs our wooden deck and it rains pine cones and needles all year. In order for us to utilize our deck, we need to cover a portion of our deck which we did with a gazebo.
    We have gone through two gazebos and six canvas roofs as the pine cones,sap and needles destroy the cover.
    So three years ago, we purchased a gazebo with hard clear plastic panels to give us some protection from the pine cones etc especially in the winter when the pine cones are frozen, the pine tree is about 40 feet in height and the pine cones do damage when they fall and then you have the icicles that also fall from the tree.
    The plastic panel are now damaged with holes due to the above problem. We spoke to our neighbour who refused to view the damage and told us to take them to court.
    We have cut the lower limbs of the tree but cannot reach the upper branches.
    Any advice would be greatly appreciated

  14. Hi Meryl,
    This does not sound like a boundary tree, but a situation involving the overhanging branches from a tree fully belonging to your neighbour. It would likely be very expensive for you to take this to court, but there are certainly lawyers who could better advise you on the legal ramifications (and costs) of doing so.
    Best, Hilary

  15. Hi Hilary, I am looking at this very valuable resource and want to thank you for putting it together and on the internet. I noticed in the photo examples of boundary trees that the photos for the four examples are all of the same tree, thought I would pass that on in case it was not as intended…. Kind regards, Mary

  16. Thank you, Mary! I am very glad you found the website helpful.

    The four examples indeed focus on the same tree—what shifts, however, is the location of the property line in relation to the trunk.
    Because the legal definition of a tree’s trunk includes everything from the root collar to the first branch, it’s important to measure the whole trunk in relation to the property line. The examples intend to show how this works.
    The principles of each scenario apply to ANY tree trunk—depending on where the property line is. Thus the four scenarios show 3 instances where the same tree’s trunk meets the legal definition of a “boundary tree” and one where it does not.

  18. There have been successful prosecutions against individuals who have gone ahead and cut down a boundary tree without a co-owner’s permission. So even if the boundary tree is removed, there have been successful prosecutions. For an example on the website please see Scheuermann vs Gross.

    In the cases that I am aware of, the co-owner established that the tree was a boundary tree using the stump. A surveyor was asked to provide a “line reading” of the property line in relation to the stump (this is not as expensive as a full property survey). The survey established that stump portion f the trunk straddled the property line and thus the tree was a boundary tree and subject to the Ontario Forestry Act.

    Establishing that the removed tree was a boundary tree has also enable co-owners to go to court for the value of the tree. If there is a stump and you have pictures of the tree, or knowledge of its age….then an arborist might be able to provide you with a $ value

  19. Who do you call if you want an opinion on whether a tree is a boundary tree or not? Also does this law apply to trees that are less than 30 cm in diameter. Our neighbour already cut down the trees without our permission so how do we now prove a tree was a boundary tree ?

  20. I’m very sorry to hear about your trees!

    As far as I know, the law applies to all trees, regardless of their diameter. (The 30 cm diameter rule relates to a Municipal tree removal permit—which does NOT give your neighbour permission to cut down co-owned trees.)

    If there are still stumps, then you must establish that the property line cuts through the stumps. If it does, then you can take your neighbour to court and/or request compensation.

    I suggest you take photos immediately.

    If you already have a property survey, then you can call an Ontario surveyor and have them come out and confirm that the trunks straddle the property line.

    If you don’t have a property survey, then the surveyor can do a line reading (this means a reading of the property line near the tree stumps).

    In both cases, the surveyor can then write you letter confirming that the stumps/trunks straddle the property line. This will establish that the trees were boundary trees and therefore protected by the Ontario Forestry Act, Section 10. Your neighbour is then liable to prosecution under the Act.

    You can also call the police have them come out and get your story on record in case you do prosecute. If your neighbour (or any contracted worker) trespassed onto your property to cut the trees down, you can also tell this to the police.

  21. Hi. Thanks for the great info on this site. I recently pruned and overhanging branch from my neighbor’s property that was going over my yard near the wires. This was after talking to City of Toronto at 311. Unfortunately a conflict with one of my neighbors arose after the fact in that they wanted proof that I follow proper pruning procedures. Is it a valid option to hire an arborist after-the-fact like in this situation? Or do I just put the onus on the neighbor to prove I didn’t? Obviously I will keep an eye on the branch to make certain it is still in good health going forward.

    Thanks for your help

  22. an answer to Ron: Hiring an arborist (or someone qualified and experienced) will ensure that the pruning was done in the best manner possible to allow the tree to heal. Note that trees do not heal like humans do; instead, they partition off /isolate the damaged portion by adding lignin, suberin, and other cell-hardening compounds to adjacent cells that repel invasion of water and pests, and also by growing healthy tissue over the wound. Also, the branch should have been cut immediately above the branch collar as opposed to leaving a stub or right against the trunk, as the branch collar is able to grow healthy tissue over the wound quickly and efficiently. Good pruning can be done by a non-arborist, but they must know what they are doing. If there is any doubt, I suggest you get someone qualified and experienced to ensure it was done properly, or attempt to fix it is it wasn’t.

  23. Hi Hillary,
    We bought a home in Scarborough about 3 years ago. One of the main attractions was the cedar hedges along the entire back of the property and a full deck at the back. We could only see the roof tip of our neighbour on the other side of the hedges, amazing privacy and very beautiful. The hedges were 2 storeys tall. A couple weeks ago, our neighbour came over and said he wants to cut down the hedges and share a fence as it was very ugly. It was only then that we realized that his yard was completely grown out on the other side of the hedges which is why we never saw past it. We explicitly said that we were not in favour of cutting down the hedges and would be willing to share costs to maintain them. A few days later we heard machinery and workers in his yard and went over to talk. He was still adamant to cut them down but said he wasn’t cutting them that day and would wait for us to reach an agreement.
    However, a couple days ago he we woke up to him cutting down the hedges, half of them (the entire stretch was about 60-70 feet) were down before we could realize. We came out and he said they are his trees and his land and he can do whatever he likes and that we don’t have a say. He further argued that part of our deck and a shed were on his property (this came with the house, we did not build any of this). Needless to say, we were devastated and I was in tears. He again picked a fight with me yesterday even though I didn’t want to talk. He showed me a random small hole (about 2 inches wide and deep) behind our shed (no iron pin) and said that was the property line and that we need to remove our shed. He has no survey documents and neither do we. He says he can guarantee the property line because he used to kick the iron pin as a kid (he’s close to 60 yrs now) but that the previous owners of our home removed it maliciously to build the shed. I don’t know how in that case he found the hole after all these years.
    We are very very upset by the removal of the cedars and not sure how to proceed. Only the tree stumps now remain and I’m not sure how to prove that 4 feet of the trees were on our property (not sure how much of the trunk though).
    We got a quote for a land survey to determine our property line and were quoted ~2.5 grand which is a lot. We’d rather spend that on new trees.
    Did our neighbour have rights to cut the trees down without our consent or even letting us know before chopping them? The trees have been there for 30 years apparently.

    Appreciate any insight you might have. Thanks!

  24. I’ve replied to your other message…but a survey is essential. If you do not wish to spend $2500 on a full survey, you can ask for a line reading…which would be a survey of only the property line near the trees. This saves some money. But you cannot proceed legally without a survey. If your neighbour did cut down boundary trees, then he could owe you considerable money in compensation…which could then be used toward replanting.

  25. Hey, first thank you for your informative blog.

    What I want to clarify is my responsibility as a co-owner of a boundary tree. My neighbour has a maple tree, larger than 30cm in diameter, that has begun to grow sideways and damage a portion of her home. The tree in 95% on her property; however because it is a “boundary tree” she has stated that I am required to pay half the of all cost including the application fee, arborist report, and removal of the tree. No where could I find on the City of Toronto website that I am required to split the cost. My understanding is that I am entitled to all the documentation she provides and I have to provide my consent. Is this correct?

    Please advise, thanks.

  26. Hi Mark,

    (Please note this is not legal advice.)

    If the tree is a boundary tree, then, it is co-owned. You and your neighbour will need to come to some agreement about how to handle it—including having it removed. According to the Ontario Forestry Act, your consent is required to have it removed. Agreeing to having a boundary tree removed can include splitting the cost among co-owners or through another mutually-agreeable solution in light of the situation. It appears that neighbours have adopted many different approaches and solutions regarding their boundary tree costs.

    If the tree is causing property damage to one co-owner (and this would have to be established on the basis of credible evidence), the situation is somewhat murkier. This article on different approaches to this issue (provided by Siskinds) might be helpful:

    https://www.siskinds.com/sometimes-good-fences-dont-make-good-neighbours/

  27. My neighbors are constantly pruning n removing my hedge cedar trees branches that are extending to their side of the property fence. They really prune them bare. I want to stop them going any further. Is there any law for me to stop them?

  28. when it comes to pruning or removing dead branches on a shared tree, is this also a shared cost?

  30. Hilary – your site is excellent. However, in the photo examples the same photo is used four times causing confusion.

  31. Thank you! Using the same photo is deliberate. The same photo indicates the 4 different key scenarios for determining a boundary tree. These can be applied to any boundary tree and its trunk.

  32. Hello,
    There is a hedge of cedar between my property and my neighbour, on the property line. We have both lived as neighbour to each other for over 20 years. He has cut every branch on his side of the hedge. He has also removed about 12 inches of top soil from the base of this hedge, just last fall. His actions has greatly effected the hedge. The hedge was thick and well maintained from my side. Now it is sparse and thin. This spring, several trees were leaning as a result of the pruning into his yard which he then cut down. Wrote him a letter which I sent registered telling him that I would hold him liable for this hedge. Can I hold him accountable? Don’t want to take him to court but now my hedge is dead in several areas and I believe it’s just time before the whole hedge will die.

  33. Hi. Thank you for all the work you put into this site for the benefit of all. I have a question about border trees. The neighbor put in an application to cut down our 82 cm maple and injure another 84cm maple. The trunks are at least 1 foot from the fence and appear to be wholly on our side but the roots extend over to theirs. His house plans will sever 40% of the roots will result in its destabilization and death. Would you have any advice on how to deal with this?

  34. If these are boundary trees—then I suggest you contact the City immediately and let them know that you object to the
    application. It would be helpful to copy your neighbor.

    A second step would be to have a certified arborist do an evaluation of the impact of the construction on your trees as well as a monetary valuation of the trees themselves. If the arborist’s report indicates that injury and death will result, then you can establish a monetary claim regarding the value of your trees (and potential loss of them).

    A third option—I know this can be difficult and perhaps even impossible—is to discuss with your neighbor a construction plan that would not bring harm to the trees.

  35. Our neighbour has cut down over 100 trees on a long drip of land between our driveways. Without consent or consultation.

  36. Help! How do I stop the neighbour from cutting down our boundary tree. I’ve sent a lawyer’s letter but they are intent on cutting it down for pool and cabana. What can I do? I don’t want it cut and there is an option if they compromise.

  37. Help! My neighbours are intent on cutting our boundary tree to put in a pool and cabana. They can proceed with a little compromise to leave the tree. I’ve sent a lawyers letter but what else can I do? Urgent help needed. Thanks.

  38. There are a few things you can do, Faye…you are certainly not alone in facing this situation. It comes up frequently.

    • the first thing is of course to consult further with your lawyer about next steps.

    • second thing (that others have done in similar circumstances) is to call your local police and explain the situation to them. Many police will not be familiar with the Ontario Forestry Act and the legal protections of boundary trees, so make sure to explain all this (share the website). Request that the police come out and speak with your neighbours. It might be a good idea to let your neighbours
    know that you are now involving the police.

    • a third thing is to post a sign on the tree (on your side of the property line) addressed to any arborist/tree cutter informing them that:
    the tree is a boundary tree and co-owned and that you do not give permission to have it cut down.

    • a fourth thing is to also post no trespassing sign on/near your tree—the reason for this is that: to cut down your tree the person will likely have to come onto your property to do so. The sign makes it clear that they need your permission.

    Hope this helps!

  39. Hi Hilary
    Thank you for your help. I’d be interested in having the police involved if you really think this is something that they are willing to do. I’m living on the edge now with fear they will cut the tree in my absence.
    By the time they see any signage, the top part of the tree will be loped off but I will try. Last time, they just shimmied up the tree with chain saw in hand. Unfortunately, most of the tree is on their property but I will persevere.

  40. Hi Hilary:
    Great info on your site–thank you! Are you aware that the Forestry Division (City of Toronto) interprets their private tree bylaw to only protect boundary trees or neighbour trees if they meet the 30 cm diameter rule at 1.4 m height? I spoke with 2 Forestry employees (each with a different district within Toronto, one of whom in particular was extremely knowledgeable), and both said the same thing. I reviewed the various bylaw sections in detail with them and the specific wording. I was told clearly that there are no bylaw protections for cedar hedges, even if on a boundary, unless the 30 cm diameter rule is met (just like any other private tree). More specifically, I was told there is no protection from injury via aggressive pruning by a neighbour under the bylaw. No permit is required for injury or removal by a neighbour if the tree is <30 cm; it's purely a civil matter if it happens.

    Is this consistent with your understanding?

  41. I own a laneway that is 600’+ long and the owner of the property that shares the property line with me, recently trespassed onto my property and painted red dots on many trees (20-25) on my side of the property line. This include white birch which are now aethetically ruined. I would have no issue if he painted the trees on his side of the line but, I believe, that he did this either because he is stupid or wanted to show his authority of being a landowner. I never had an issue with this person until this occurred. Is there rule as to how far from the property line that they can spray paint red dots on trees? Also, how would I proceed to recoup the damage done to my trees?

  42. I am so sorry to hear that this happened, John.
    This sounds principally like a trespassing issue, however. You might let your neighbour know this and then try to remove as much of the paint as you can without harming the trees.
    Kind regards, Hilary

  43. There are 4 trees on the lot line that the wind has blown over. (According to my survey)The root balls are out of the ground and the trees are leaning over my house. I have called a tree guy and he says they need to be removed asap before they fall on my house. This is a seasonal property and I have never met and have no contact info for my neighbour. What should I do about the tree removal? This is an urgent matter.

  44. How unfortunate! I would suggest that you confirm with your arborist that the trees pose an “imminent hazard” and then get in touch with your municipality immediately. The municipality should be able to give you contact info for your neighbour.

  45. A developer has been supported by an OLT decision to cut down 32 by-law protected trees on a lot where a 10 storey condo will be built next to our townhouses. The developer is the same builder who built our townhomes and planted trees along our boundary which after 23 years are now mature and provide a great canopy over many of our homes. I don’t think any of the “trunks” extend over the property line just the canopy (close to 40%). We think these are defined as neighbour trees. Do we have any say in their removal, access to our property, destruction of the roots that extend into our backyards?

  46. Based on what you describe, it appears extremely important to know whether or not any of the tree trunks cross property lines (remembering that this might involve the root collar below ground and thus out-of-sight). If you wish to preserve these/your trees, then their status as boundary trees (i.e., co-owned) would give you and the other home-owners property rights in them, and thus a say over their future.
    I would suggest taking a look at the OLT decision and see if there is any proviso that the developers must establish sole/full ownership of the trees before removing them. You could also ask the developer(s) to clarify their sole ownership of the trees, raising concerns that they are boundary trees.
    You could also hire a surveyor to do a line survey which attends to the legal definition of a tree trunk. If any of the 32 trees turn out to be boundary trees (recognizing that some may be, while others not), then the relevant legislation would be the Ontario Forestry Act.

    “Neighbour Trees” are a more ambiguous category. It is my understanding that you would need to give permission for anyone to access the trees from your private property in order to remove them.

  47. My neighbor (a builder building the house next door in order to flip it…not living there) cut down much of the hedges that were on the property line including those whose trunks were on the property line. The hedges are about 10ft high. How do I know if they are considered a tree under the forestry act?

  49. Can a municipal Private tree bylaw stating the municipality has the right to enter onto private property without notice to the owner to remove a tree, override the Forestry Act if the said tree is a boundary tree?

    “ …may remove a decayed, damaged or dangerous tree or branch of a tree immediately without notice to the owner of the land upon which the tree is located, if in the opinion of the employee or agent, the tree or branch poses an immediate danger to the health or safety of any person using the highway”

    Thank you

  50. This is something you would have to check with a lawyer about regarding the legalities…unfortunately I am not qualified to answer. The passage you quote appears to address a situation where a tree is considered/deemed an “imminent hazard.” It stands to reason that a municipality (and its employees/agents) must follow a protocol to make this determination. If you are the tree owner (or co-owner in the case of a boundary tree), then you should be able to access this information, including the tree-inspection documents.

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