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.
What is the law on boundary trees?
If the trunk or main stem of a tree or hedge is on your land, you own it. If it’s on the boundary between properties, you’ll need to check the legal documents you got when you bought your home. They’ll indicate where the boundary is and might say who’s responsible for the tree or hedge.
What are boundary trees called?
There are several other types of named border markers, known as boundary trees, pillars, monuments, obelisks, and corners. Border markers can also be markers through which a border line runs in a straight line to determine that border.
Can I cut branches off my Neighbours tree Ontario?
A homeowner may be entitled to remove the overhanging branches of a tree belonging to an adjoining landowner. Overhanging branches become the property of the owner of the lot over which they are located. One cannot simply cut and run, however.
Who owns a tree on a property line Ontario?
Under the Ontario Forestry Act (the “Act”), a tree whose trunk is growing on the boundary line between adjoining properties is the common property of both owners.
What is the 7 year boundary rule?
The Seven Year Rule
So this is different from the so called ‘Seven year rule’ which comes from Section 157(4) of the Planning and Development Act 2000. This means local authorities can’t serve enforcement notices for an unauthorised development when seven years have passed since the commencement of the development.
Who owns boundary trees?
Who owns a tree growing on a boundary? If the base of a tree sits on the boundary line between two properties it is jointly owned by both of them (they are classed as tenants in common). If one owner fells the whole tree without permission from the other owner, that would make them liable (as this amounts to trespass).
How tall can a boundary tree be?
Up to two metres in height, being mindful of your neighbour’s right to light. What are the general responsibilities for a boundary hedge?
What is a good boundary tree?
Usually, ‘fastigiate’ trees are better suited for boundary plantings. These trees have a very upright, narrow growth habit, which means less overhanging branches and less potential damage.
Can I force my Neighbour to cut down a tree?
You have a common law right to prune back parts of a tree or hedge growing over the boundary into your property (subject to any legal restrictions being overcome first such as Tree Preservation Orders or conservation areas) but you cannot compel the owner of the trees or hedge to carry out this work or pay for it.
How close to the property line can you plant a tree Ontario?
Trees should be planted 3 – 4 feet from property lines to allow for future growth.
Can my Neighbour cut my tree without asking?
A professional tree surgeon can advise you on how much you can remove to avoid this. However, you have no right in law to demand that your neighbours reduce the height of their trees or hedges. We have found that a courteous request and an explanation of your problem is probably the best way to proceed initially!
Who is liable when a tree falls on a neighbor’s property in Canada?
You will be responsible for damages if the fallen tree on your property has been neglected. On the other hand, if the tree is healthy and falls due to wind or anything weather-related, they will likely have to file a claim through their insurer.
What if a neighbor tree is encroaches on your property?
Ask a neighbour if they could cut back their tree
It is always best to approach your neighbour to see if you can both come to an arrangement. As there is no obligation on your neighbour to reduce the height of their trees, you may offer to pay for the costs involved in the trimming works.
Can you cut back a Neighbour’s overhanging tree?
You have the right to prune overhanging tree branches back to the boundary line of your property, even if you don’t own the tree. However, you will have some responsibilities if you do this: see Trees and the Law (RHS website) for more details.
Who is responsible for trees overhanging my property?
You can trim most branches or roots that cross into your property up to the property boundary. You and your neighbours are responsible for making sure that trees and other large plants do not cause problems for anyone else.
Can a Neighbour claim my land?
Registered land
For adverse possession after 13 October 2003, a neighbour does not automatically acquire land simply by occupying it. After 10 years, the trespassing neighbour may apply to the Land Registry, however, the current owner will be given a chance to object via a counter notice.
What are examples of boundary violations?
You could probably list some obvious boundary violations, such as nonconsensual touch, name-calling, unsolicited advice, taking what’s not given, and sharing confidential information without permission.
How close to a boundary are you allowed to build?
The side boundaries can be built up to but you may need to factor in other considerations. You cannot breach the boundary in plan and in what we call elevation, this factors in the 45-degree rule that most planning officers use.
Can you throw Neighbours leaves back?
Indeed, it is unlawful to return fallen leaves back to someone else’s land without their permission (this includes highway land such as the road and the paths and verges running alongside it).
Who is liable when a tree falls on a neighbor’s property?
A tree belongs to the legal owner of the property upon which the tree trunk originally grows. A fallen tree will still belong to the original owner of the tree, even if those trees have now fallen onto neighbouring land as highlighted in a case called Mills v Brooker (1919).