Tree Law – Overhanging Branches and Who Can Cut Them Down?

Unless there is legislation or restrictive covenants to the contrary, the current common law regime allows “each property owner, within the boundaries of his or her own property, to do as they wish. This is so both with respect to planting trees, which may tomorrow block a neighbour’s view or spill onto a neighbour’s property, and with respect to pruning or cutting the overhanging branches or roots of trees that cross a property line”. In other words, your neighbour may simply cut any part of a tree (with its trunk on your land) that crosses over the property line and overhangs onto his property. Pursuant to the Ontario Forestry Act  a “boundary tree” (a tree whose trunk straddles a property line) … Read More

Posted in Trees | Leave a comment