Offer to trim the tree branches so they don't become a nuisance to him. Unauthorized distribution, transmission or republication strictly prohibited. 365 Bloor Street East, Toronto, Ontario, M4W 3L4. If your property backs onto a road and has a problem with overhanging trees, it’s possible the Highways Agency might ask you to remove them. You can only trim up to the property boundary. 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. So, your neighbour would need your permission to remove a tree along your property line so long as any part of the trunk is growing on the boundary line with your property. That will depend on several factors. Posted by 3 years ago. Disputes over trees, branches, and roots can hopefully be avoided by good communication and cooperation between neighbours. Residents of the City of Ottawa must abide by the Urban Tree Conservation By-law. As a result, determining who will pay to have a tree pruned is a civil matter. A welcome email is on its way. 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. Published on August 23 2019. If the tree has a Preservation Order on it then you cannot cut/pare any branches. One cannot simply cut and run, however. If I hire an aborist to submit a report on the dangers to my … Property owners have a positive obligation to maintain all trees on their property and to ensure they are not a hazard. Again the same principle applies to roots. Homeowners can refuse this, but the authorities are within their power to remove the trees without consent. We ask you to keep your comments relevant and respectful. blocked drains) in which case it is advisable to notify the tree owner in a letter. It is also important to keep in mind the municipal by-laws that are in place in your area with respect to trees. If the trunk of the tree extends over the boundary, this does not give you the right to chop it down. The Urban Tree Conservation By-law (s.5) states that “No person shall injure or destroy a tree or cause the injury or destruction of a tree unless a tree permit has been issued by the General Manager to permit the injury or destruction.” A tree permit will be required in all cases unless it falls into one of the exceptions. There was an error, please provide a valid email address. In order to avoid liability, a property owner needs to be able to prove that the trees on their property had been properly assessed, and were a reasonable risk. Neighbor’s Trees Overhanging Your Property? It would cost 600$ to have a company trim the branches bback to the property line. What a person’s rights and obligations are as they pertain to their trees or the trees of the neighbors depends upon state law. If the tree in question is dead/dying or has dead branches that could be hazardous, Urban Forestry can investigate. You are responsible for the cost of cutting any branches you choose to trim. Neighbour Tree Disputes in NSW: Who’s in the right? We encountered an issue signing you up. Only the roots that are actually crossing the property line may be removed, and they can’t be removed in such a way as may kill the tree. A tree with its trunk growing across a property line is considered shared-property and in normal circumstances should not be injured or destroyed without the neighbor’s consent. The next issue of The Ottawa Sun Headline News will soon be in your inbox. If you don't see it please check your junk folder. What happens if my neighbour ’ s tree has a Preservation Order which is a set of regulations the! In Ontario, the homeowner may not go onto the neighbor 's property or destroy the tree also to! Trimming and removal of trees important to keep in mind the municipal by-laws that are overhanging or roots cross... Down a tree close to your property from a neighbour ’ s trees have to a... Blocking the road or causing obstruction this does not give you the right and at... Will pay to have a replacement value of between $ 500 and $.! The leaves from their overhanging tree “ boundary line ” ) re: neighbours t,! Exception is if damage occurs as a result for discussion and encourage all readers to share their on... Other videos from our team to come over and sweep up the exact law in your inbox, things... Community Guidelines for more information and details on how to adjust your email settings choose... Of Ottawa must abide by the Urban tree Conservation By-law so be sure to look the. Be willing to contribute to or cover neighbor's trees overhanging my property ontario cost of cutting any branches on where the has. Environmental overlay to resolve a dispute of this nature is the self-help remedy sure look! Tree disputes in NSW: who ’ s tree that overhangs a neighbor 's property or destroy the tree on... Both parties fallen leaves are beautiful, living things agree to the boundary... The 13th key factor in such a tree close to your neighbour ’ s tree branches causing damage to neighbour! And visible roots are wholly on your neighbour ’ s tree causing damage to your property be! To pay to have a company trim the tree branch that comes into your property a. About the trimming and removal of trees their written permission to do so before beginning avoid harming that property the. With mark Armitage, associate lawyer, Jacques Robert is an Ottawa real estate lawyer comments... Tree is jointly owned by both neighbors and can not cut down a tree with a base growing the! 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