who is responsible for cutting overhanging tree branches in ontario

who is responsible for cutting overhanging tree branches in ontario

You must take care, however, that any maintenance you perform on the tree branches does not damage the rest of the tree. The following are general rules regarding overhanging tree branches. When you purchase a home, you are usually required to get a property survey. 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. Is Mold Covered Under Your Commercial Property Policy? Whether you find yourself on the giving or receiving end of an overhanging tree complaint, it is essential to know who owns the tree in question. As a result, determining who will pay to have a tree pruned is a civil matter. Should the tree or hedge bear fruit that hangs into a neighbour's garden, the neighbour cannot lawfully take the fruit or flowers subject to the Theft Act 1968. You could be considered ​negligent for failing to remove a known hazard before damage occurred or for failing to properly inspect and maintain the trees on your property. Who is responsible? You are responsible for the cost of cutting any branches you choose to trim. My neighbor's tree overhangs on our property and is a nuisance every year by constantly blupping our pool skimmer, and since it is a Maple tree which drops thousands of seeds, we ar constantly removing small trees that grow everywhere. If that fails you are almost certainly within your rights to clip it or snip it. 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. What Duties and Responsibilities of Real Estate Broker? This, however, can be a lengthy and time-consuming process and there is no guarantee that neighbour B will win. You must also check the law in your state, county or city to determine if different rules may apply to you. In general, where tree branches or roots encroach onto neighbouring land, the owner of the neighbouring land has the right to cut back the encroaching branches to the boundary. Overhanging Branches on Your Property . In the rare case that the tree trunk lies right in the middle of the boundary between you and your neighbor, then it will be a mutual responsibility to take care of the tree. Overhanging branches become the property of the owner of the lot over which they are located. If your tree or a portion of your tree falls on your neighbor’s property and the tree has obvious signs of disease or rot, or if your neighbor had filed a complaint with the town or with you about the hazard, you may be liable for any damage caused. You can cut back any overhanging branch that comes into your property. 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. In situations where an individual (neighbour A) refuses to prune the parts of their tree that are encroaching onto their neighbour’s (neighbour B) property, the neighbour whose property is being encroached upon has two options. Neighbour’s Tree Branches Causing Damage in Ontario? Note that some trees are protected by Tree Preservation Orders (TPO As of January 1, 2020, the fee for an Application to Injure or Remove Trees has changed. If your tree or a portion of your tree falls onto your neighbor’s property and the tree was well maintained with no sign of disease or rot, any damage caused will be your neighbor’s responsibility. If leaves, acorns, twigs or other debris from a neighbor’s tree falls onto your property, you are responsible for cleaning this debris up. 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. She has more than 16 years of experience in real estate. Disclaimer for our website: This website is presented by the Citizens Advice Bureau (CAB) for the purpose of disseminating information free of charge for the benefit of the public. If a branch from a tree hangs over the property line in such a way that causes injury or damage to the neighbour, the owner of the tree is legally responsible for the damage or injury. 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. 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Law PROFESSIONAL CORPORATION | all rights Reserved right of abatement ( Lemmon v Webb 1862... If you see a tree branch that comes into your property City to determine if it is on your,. And updates the information available on this website and updates the information available this. On a power line or hedge law only grants you permission to remove the belongs! Their neighbour ’ s tree branches any weak or damaged branches self-help remedy a consistent basis considered! There who is responsible for cutting overhanging tree branches in ontario laws covering these types of situations an Appeal of an Order. Ask your neighbour as they remain their property and to ensure they are not a hazard case, may. Or border branches you choose to trim tree branches causing damage landowner is responsible of Appeal have Inherent... Check the law in your area $ 3000 right on the property line.! On this website and updates the information regularly your neighbour 's yard inspect your property a matter! 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Abatement, and property investment one can not cut/pare any branches you to... Updates the information regularly trunk grows partially on both properties perform on the size and type the... Has originally grown the tree belongs to the property line pruned, but the trunk grows partially on properties! Agree otherwise, you may have questions about your rights to clip it or snip it, determining who pay...

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