These items are not considered damage. This is known as the common law right of abatement (Lemmon v Webb [1862] AC 1 HL). 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. 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. 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. To remove the tree, both property owners must consent. You are responsible for making sure any tree on your property is healthy and there are no known hazards. If you intend to injure or destroy (remove) a protected tree … The tree is an immediate hazard to the line (split, leaning, hanging over, uprooted) The tree is leaning on a hydro pole. In heavily populated areas like the GTA, disputes between neighbours regarding trees are common. You are responsible for the cost of cutting any branches you choose to trim. Your tree branches may hang over into your neighbour's yard. The decision in Koenig v. Goebel was affirmed in 2013 by the Supreme Court of British Columbia in Demenuk v. Dhadwal [2013]. In some cases, the neighbour who owns the tree may be willing to contribute to or cover the cost of pruning the tree. When a neighbors tree branch is over hanging an adjoining property line, the adjoining property owner has an absolute right to cut the branch up to the property line. 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. You must look for any weak or damaged branches. The self-help remedy may be used even where the tree is not causing damage. You will each be responsible for whatever portion of the tree is on your property. It would cost 600$ to have a company trim the branches bback to the property line. A tree that is located on the boundary line cannot be removed unless both parties agree to do so. Carley Reynolds is a Lawyer at Donich Law, Copyright 2020 DONICH LAW PROFESSIONAL CORPORATION | All Rights Reserved. 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. Does the Court of Appeal have the Inherent Jurisdiction to Hear an Appeal of an Interlocutory Order? Such a tree is jointly owned by both neighbors and cannot be pruned or removed without permission from both parties. However, the cut branch (es), and any fruit or flowers attached to the branch (es) remain the property of the tree owner and must be returned. If you do not have an existing property survey, or are unable to tell with the existing survey you have, you may have to have a new survey done and have the surveyor physically mark out the boundaries of your property. Who Is Responsible for Cutting Overhanging Tree Branches, How to Tell if a Tree Is on Your Property. Our CSLB license # is 821770 . When a tree on your property hangs over the boundary line into another yard, you have a duty to address all weak or damaged branches. To answer the question of who is responsible for trimming tree limbs, it should be noted that by law, you have the right to cut down those branches of a tree that have crossed your line of the property. Laws on Overhanging Tree Branches. 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. A handful of cities have a “view ordinance,” which states that a scenic view is an important part of a home’s value. If the owner fails to have the work carried out, … In Ontario, the government does not regulate the pruning of trees on private property. If leaves, acorns, twigs or other debris from a neighbor’s tree falls onto your property, you are responsible for cleaning this debris up. Ask your neighbour to cut the parts that overhang your land. 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