Any encroaching roots or branches on solely owned trees cannot be trimmed without first asking the owner to do so. Without the permission of the owner to prune the tree, any applicant must apply to the court for an injunction, requesting the work to take place.
Can my Neighbour cut my tree roots?
Roots are a slightly more complicated matter. If your neighbour’s tree’s roots come on to your land, you are entitled to remove them. However, you will be liable for any damage caused to or by the tree as a result. Further, you are unlikely to notice the roots unless they are causing problems.
Can you sue someone for cutting down trees on your property Canada?
If that is unproductive you will need to sue the neighbour to recover damages. If the tree grew solely on your property, then the neighbour would have committed trespass to come onto your property and remove the tree. Trespass alone will be enough to trigger a legal claim.
Can I trim my neighbors tree on my property in Ontario?
The Ontario Forestry Act defines what a Boundary Tree is and dictates the law that you cannot cut a Boundary Tree down without the consent of both parties (even if you have a permit from the City).
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.
Can I remove tree roots on my property?
Can I cut off roots growing into my property? Yes. You have the same rights (and liabilities) as for cutting off branches. And prior consent from the local authority is required if the tree has a TPO or is within a Conservation Area.
Can I cut tree roots on my land?
A Generally, yes; you can cut back any part of a tree (or any other plant), including the roots, which encroaches on your boundary, as far as the boundary line.
Who is liable for tree root damage?
In short, the owner (or controller) of a tree whose roots can be shown to have encroached on neighbouring land and/or has drawn sub-soil moisture affecting property, is liable to the owner of that property for the resultant damage.
Who is liable when a tree falls on a neighbor’s property in Ontario?
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 is the unlawful cutting of trees?
SEC. 4. Any person who shall cut, destroy or injure trees, flowering plants and shrubs or plants of scenic value mentioned in the preceding sections of this Act, shall be punished by prison correctional in its minimum period to prison mayor in its minimum period.
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!
Can I cut tree branches overhanging my property 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.
What is the fine for cutting down a tree in Ontario?
Risks of Cutting Down a Tree Without Permission
According to Ottawa’s Tree Protection By-law, for example, cutting down a tree without a permit can lead to a fine that falls between $500 and $100,000.
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 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.
Can you remove tree roots without killing tree?
How Many Tree Roots Can I Cut? Never remove more than 15 percent of above-ground tree roots at once. Then, wait two to three years to make sure your tree fully recovers. Only then can you safely consider cutting more tree roots.
How do you get rid of unwanted tree roots?
Dig around the stump, exposing as many roots as possible. Use a chainsaw, hatchet, or handsaw to cut the larger roots. As you continue digging, you may find smaller roots that can be cut with clippers or loppers. Once you’ve cut all of the roots around the stump, lift and remove the stump from the ground.
Can you cut roots in your yard?
If necessary, surface roots can be removed, but it must be done properly or it could harm the tree. During the dormant season, remove only one large root or two smaller ones per year. Allow at least 10 inches of distance from the trunk for every inch of the diameter at ground level before making the cut.
How close to a tree can you cut roots?
For mature trees, some experts recommend not cutting roots closer than 6 to 8 inches from the trunk for each inch in trunk diameter.
Can tree roots penetrate concrete?
Tree Root Invasion in Foundation
Roots damage concrete foundations significantly. Roots may occasionally find their way through and enlarge existing cracks. But as long as you keep your base, there are no problems with tree roots.