Border Tree or Boundary Tree? Don’t Cut BEFORE you know!

Have you ever had a dispute with your neighbour about a tree between your lots? They are often about removal, pruning, maintenance, ownership, or damage and they can become very hostile.

Because this is a common problem, legislation has evolved in many countries to clarify rights and responsibilities in most jurisdictions, including Ontario (Ontario Forestry Act.) Fundamental to this are the definitions of border tree and boundary tree. The former often grows over decades into the latter and that’s when the fun begins.

Before you get out that chain saw or those big shears when your neighbour is away, you’d better read up on the topic. Google “Border and boundary tree laws, Ontario”. Go ahead – verify the facts for yourself! Just the same, sound legal advice is still recommended. A border tree has a single owner. Its entire trunk is on one property, but its branches or roots might encroach on another. That neighbour can trim the branches or the roots, but they can’t remove the tree without the owner’s consent. The original gardener or landscaper probably planted the tree “safely” on their side. Trees grow – a LOT! If the neighbour comes onto the owner’s property to work on the tree, they need permission or could be charged with trespassing.

With a boundary tree, a portion of the trunk or its large visible roots have crossed the property line. I have several huge trees in which the top rail of the original chain link fence has been embedded, or it has been pushed noticeably over the line. It might seem unfair but 95% can be on the original property and 5% encroaching, but the responsibility and ownership is 50/50!

Removing large trees can cost several thousand dollars. Imagine moving into a new house with a neighbour that has lovely trees apparently planted on their side. Suddenly, the tree becomes a safety hazard and must come down. If the removal cost is $3000, you will be out $1500!

You should also be aware that possession of a local permit to remove a tree does not absolve you from liability. Such a permit was probably issued in error, and the Provincial law would take priority.

That’s about it but I encourage you to do your own research. The courts prefer people to settle things between themselves but knowing your rights is a good first step.

Compromise can work magic.

Legal Backing

• Ontario Forestry Act, Section 10: Clearly states that a tree whose trunk grows on the boundary is common property. Cutting or damaging it without mutual consent is a prosecutable offence.
• Even a municipal permit doesn’t override this co- ownership rule.
• Violating this law can lead to civil liability and criminal charges.

What to Do Before You Act

• Get a surveyor to confirm the property line.
• Consult an arborist to assess the tree’s health and root collar location.
• Talk to your neighbour open communication can prevent costly legal battles.
• Check local bylaws, as municipalities may have additional rules on tree removal.

Bruce Singleton
Pickering

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