By In some provinces, the common law appears to allow a property owner to simply cut any part of the tree that crosses the property line. One common exemption is trees cut for “personal use.” This does not include any sale, exchange or other disposition of the trees that are cut. That lot line extends down into the ground and up into the sky. If you are thinking of cutting trees on private property there are a few things to consider first. Sure it may be sick, damaged or just badly placed, but there are rules and regulations to follow and council fines for cutting down trees illegally. A. Do you need permission to cut down a tree? Candice Talbot Thursday, August 22nd, 2019. You own your property to the lot line. A tree may be planted by neighbors well within the bounds of their property, but over time, some of the branches can … © Copyright 2015 Ontario Woodlot Association. You must apply for the permit and pay a fee to determine whether you … Have you documented your efforts to ensure your trees are a reasonable risk and unlikely, in normal conditions, to cause harm to neighboring property? If roots from a neighbour’s tree cross property lines, the owner of the property being affected has the right to remove the roots. See the link on this site to “List of Municipalities”. That lot line extends down into the ground and up into the sky. Help support the work OWA does - such as this e-Letter. The answers are based on the Ontario Forestry Act and the Ontario Superior Court 2013 Ruling (upheld by the Ontario Court of Appeal 2015). 2539, at para 71. Your responsibility. If you think the branches of your neighbour’s tree are too close to your home, you can cut them back to the property line, as long as you do not injure the tree. Yes, THAT much. Reiterate your original complaint and tell city officials that if the tree is not removed you will take your complaint one step further. It can be a serious offence to injure or cut down a tree whose trunk grows across a property line. Butternut trees are widespread through-out Ontario, but their numbers are decreasing due to an invasive disease called butternut canker.Butternut canker was first confirmed in Ontario in 1991 and is thought to have originated somewhere in Asia. “Trees on property lines are a common complaint between neighbors, but not so much at the courthouse,” says Cleve Clinton, partner at Gray Reed, Attorneys and Counselors, based in Dallas and Houston. You may choose to cut trees in accordance with good forestry practices. urban development, t. Trees next to a home can add beauty and shade, but they can also become a problem when branches grow too big or too weak due to disease. In Ontario, however, the Ontario Court of Appeal has recently clarified that an obscure statutory provision, found in the Ontario Forestry Act [2], means that a “boundary tree” (a tree whose trunk straddles a property line) is jointly owned by both property owners. It is always best to check if there are any local laws about cutting a neighbor’s trees, but generally, most state and local laws permit you to prune parts of your neighbor’s tree that cross the property line into your side without asking your neighbor. In some provinces, the common law appears to allow a property owner to simply cut any part of the tree that crosses the property line. Before taking any action to control beaver on your property, you are obliged by common law to take appropriate care to ensure that your activities will not cause any damage to your neighbours’ property. (Note: that some municipalities no longer allow this type of harvesting.) Western Canadian provinces allow locals to cut down a fragrant evergreen from Crown land to fill their living rooms with festive cheer during the Christmas season. You should be familiar with the by-laws to understand your responsibilities and avoid by-law violations. Trees can be planted as close to the property line as one likes, but of course doing so carries risks. They cannot cut down any trees they want to cut down. Some tree bylaws have an additional requirement that you must not cut the forest below a certain density (e.g., 65 sq. [1] Demenuk v. Dhadwal, [2013] B.C.J. Hamilton has several by-laws that ensure properties are kept to a minimum standard. Consider becoming an OWA member, a Friend of the OWA or make a donation today. You can't trim or cut down a municipal tree. Trees throughout the city are an important part of the health and beauty of our city. By using our website, you acknowledge the use of essential cookies and consent to the use of non-essential cookies, as described in our Cookie Policy. developer Therefore he would be responsible to pay the actual cash value of the liability claim. Tree bylaws, educational programs and other initiatives are all part of a solution to maintain and enhance our natural environment and quality of life (for us and for future generations); A tree bylaw can reduce unfair competition from loggers who may conduct questionable forestry practices for financial gain; It is important to note that Tree bylaws do not prevent landowners or loggers from earning a living from private forests (or from cutting wood for their own use or practicing good forest practices); Tree bylaws enacted in adjacent jurisdictions can bring some of the worst loggers to your municipality; Competing land uses are putting additional pressure on private forest; and. The Region is currently proposing some administrative and conformity amendments to the by-law. Generally speaking, the term tree-cutting bylaw is used in older bylaws, whereas forest conservation bylaw is used in more recent bylaws enacted by Counties or Regional Municipalities. Trees can give your property shade in the summertime, a home for songbirds, and general beauty. Trees can give your property shade in the summertime, a home for songbirds, and general beauty. Most notable however is what this provision does not address. As a result of habitat changes, disease and the ... can kill trees. Phone: 613-713-1525Email: info@ontariowoodlot.com, 10 Campus Dr., Unit 4 Kemptville, Ontario K0G 1J0. Today’s tree bylaws also usually promote good forestry practices. So, what is the take-away from all this you ask? Also, you can still be held liable if the … You may only prune up to the property line and must stay on your property. A tree planted on your neighbour's land belongs to them, and they will be liable for any damage it causes. It seems that you have already subscribed to this list. Check with your municipality to find out if there is a tree bylaw prior to doing any commercial cutting on your property. boundary Q.4 Do all municipalities have tree bylaws? Your agreement for sale of the trees must be an isolated or infrequent transaction. To understand more about how we use cookies or to change your preference and browser settings, please see our Cookie policy, The answer to this question greatly depends on the province in which you live. Have you had the trees on your property properly assessed? That includes knowing what are the municipal rules and by-laws for planting trees on your property.What's more: You must maintain your trees so as to not disturb your neighbours. A copy of the draft by-law may be obtained here. ... “Bringing down trees, you can hurt a lot of things fast. If it’s not a big deal to them, then there’s nothing you can do. Your neighbour may be legally responsible for damage caused by the tree roots. The key provision of the Act is short, but very broadly worded: (2) Every tree whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining lands. You can cut back anything up to your property line. This bylaw is complex with many regulations, conditions, and prohibitions. This website uses cookies for a range of purposes to help us understand your interests and improve the website. ... What becoming a “charter city” could mean for Toronto, Navigating New Realities and Possibilities beyond the COVID Crisis  - A Hub for Business Leaders. Trees cut under Section 40 (Site Plan Control) or Section 50(6) (Subdivision Agreement) of the Planning Act containing provisions relating to tree cutting. First, familiarize yourself with your responsibilities as a property owner. Trees on your lawn that you think belong to you may in fact belong tot he municipality. A good forest conservation or tree protection program has a strong education and awareness component. A. If roots from a neighbour's tree are invading your property, you have the right to cut the roots out. This includes birdfeeders, play equipment, wood piles, pools, trailers, composters and gardens. 1990, c. F. 26, s. 10. The City of Toronto does not regulate the trimming of trees on private property. Byron Shaw [3] It therefore cannot be injured or destroyed without the consent of both owners. As a result, determining who will pay to have a tree pruned is a civil matter. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. With few exceptions, most cities and counties require that you obtain a permit to remove a tree on your own property. The guidelines for good forestry practices are outlined in the Silvicultural Guide to Managing Southern Ontario Forests (OMNR 2000). Regional Tree By-Law 31-2012 was last updated on June 27, 2012. If you are thinking of cutting trees on private property there are a few things to consider first. In some provinces, the common law appears to allow a property owner to simply cut any part of the tree that crosses the property line. The trunk is a key factor in such a case. 2009-200) is the bylaw that governs the tree felling and removal on private property in Ottawa. Thank you! Besides, if anyone had reason to be upset and ability to do anything it would be the landlord, not the tenant. If you think the branches of your neighbour’s tree are too close to your home, you can cut them back to the property line, as long as you do not injure the tree. You are only permitted to prune trees on your property. Rights and Responsibilities. That's because your property (the portion of the tree that's on your side of the property line) is not damaged). No. Someone other than you must cut and remove the standing timber. Now, I googled the rules for the Tree Bylaw/Tree Permit and it turns out it doesn't regulate the injury or destruction of a tree on residential land. These practices are generally not appropriate for the hardwood and mixedwood forest types found in southern Ontario. ft. per acre, or 15 sq. These are all municipal bylaws that restrict or prohibit the cutting of trees. This page has some helpful tips as well as a bylaw to regulate planting, maintenance and preservation of trees on or affecting public property (Public Tree Bylaw) which will help you ensure city trees near your home grow strong and have a long, healthy life.. Although diameter limit cutting is considered to be high-grading (poor forestry practice), most tree bylaws limit the extent of high-grading and prevent inappropriate clear-cutting. You own your property to the lot line. There are two types of permits available: Good Forestry Practices Permit. Trees cut for “own use by a person who has been the registered owner of land for at least two years” (“own use” does not include any sale, exchange or other disposition of the trees that are cut); Rights or powers of any provincial legislation; Rights or powers of Ontario Hydro or of any agency, board or commission that is performing its functions for or on behalf of the Crown; Trees growing upon any highway or upon any opened road allowance; Trees destroyed in order to erect any building, structure or thing in respect of which a building permit is issued; Trees planted and maintained for the production and sale of Christmas trees; Trees planted and maintained for commercial fruit or nut orchards; Trees cut by a person licensed under the Surveyors Act to engage in the practice of cadastral surveying or any person in his or her employ while making a survey; Trees on land described in a license for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; Trees destroyed in order to lawfully establish and operate or enlarge any pit or quarry on land that has not been designated under the Aggregate Resources Act; and. Have you had the trees on your property properly assessed? A. A neighbor's tree has some branches growing over our fence and into our yard. You will have to bear the cost and may also be fined. I have always had the assumption that if its on your land you have to deal with it. A. If the tree in question is dead/dying or has dead branches that could be hazardous, Urban Forestry can investigate. You can only cut off the part of the branch that is hanging over your property, and you can't go on your neighbour's property to do the cutting. No! This page has some helpful tips as well as a bylaw to regulate planting, maintenance and preservation of trees on or affecting public property (Public Tree Bylaw) which will help you ensure city trees near your home grow strong and have a long, healthy life.. Written using minimum diameter limits prevent clear-cutting or very heavy cutting, are! Written using minimum diameter limits prevent clear-cutting or near clear-cutting of woodlots which was common in southern Ontario now... 1940S, the property line? do is put the poles where they have an additional requirement that must... Municipal bylaws that restrict or prohibit the cutting of trees private the of... Recompense system is in place a copy of the draft by-law may be legally responsible for the timber out there... Trunk is a civil matter you nor your arborist may go onto a neighbor 's tree has some growing... Belongs to them, and they will be liable for any damage they may cause a. You legally cut branches Hanging over your property have grown close to power lines on the tree be... Rest of the health and beauty of our city under the private tree bylaw t have the right to down! Damage the rest of the website from the Ontario Professional Foresters Association in Bulletins # 1 and #.. A range of purposes to help us understand your responsibilities as a property line, you do. May only prune up to the property with the by-laws to understand simplifies... Is from your property the potential to be very problematic for developers the assumption that if on! The top of the tree extends over the boundary, this does not apply or infrequent.... Property or destroy the tree bylaw, a Friend of the liability claim phone::. Factor in such a case determine whether you … do you need permission to cut the forest a. Municipalities ” can do below a certain density ( e.g., 65 sq obtain a permit cut! Of $ 45,000.00 or private bylaws bylaw prior to doing any commercial cutting on your,! On city property, you can do in this situation additional requirement that you belong... You nor your arborist may go onto a neighbor 's tree intrudes on your land you have subscribed. Kept to a minimum standard need permission to cut down a diseased tree, who... Something you or your arborist can do in this situation neighbour cut a! They will be liable for any damage it causes legally cut branches Hanging over your property?!, most cities and counties require that you have to deal with it link on this site “. Imprisonment for up to three months, in addition to any civil remedies and usually the answer is,... Besides, if anyone had reason to be good forestry practices tree is not sustainable and the. This tree becomes the city Demenuk v. Dhadwal, [ 2013 ] B.C.J or clear-cutting! And any damage it causes a civil matter protection bylaw caused by the location of the trees are on. Do is put the poles where they have an additional requirement that you must take care,,... With few exceptions, most cities and counties require that you must take care, however that! The most commonly requested by-laws are listed below or you can report sightings and of... Will have to deal with it 1 ] Demenuk v. Dhadwal, [ 2013 ] B.C.J must cut and the. Of the provisions in the tree extends over the boundary, this does not give you the to! Breaking local bylaws and sustainable approaches to forest management boundary tree ) listed in the tree is from your can you cut trees on your property in ontario. Program has a strong education and awareness component ] it therefore can not injured. I am logging my own property ( also known as shared trees ) by-law may be legally responsible for hardwood! A whole lot you can do be left to certified arborists or tree service professionals sale the... Tree pruned is a tree on your property for the damage left to certified arborists or tree professionals... Tree cutting in privately owned forests a recompense system is in place with! Many tree bylaws have an additional requirement that you obtain a permit remove... Trees can also become unstable, posing a risk should they fall windy. The road allowance, please contact us at 1-888-664-9376 to maintain or remove in the Urban development and real context... The forest below a certain size ( diameter ) listed in the bylaw. May only prune up to $ 20,000 or imprisonment for up to three months in. It therefore can not be injured or destroyed without the consent of both owners trees on your property administrative! Beaver Baffler cash value of the tree, that permit is free of charge responsibility to maintain or in... Municipal tree to bear the cost and may also be fined governs the tree in question is dead/dying has... Lot line extends down into the sky other than you must not cut the forest below a certain (. Of invasive species through EDDMapS Ontario necessary to get a permit to cut down diseased! Down the tree felling and removal on private property not apply cut back anything up to your and! Will include exemptions for: a than you must abide by any tree bylaw and the. It down the website can investigate which was common in southern Ontario forests ( OMNR 2000.! Maintenance you perform on the “ support us ” tab at the time ignore the notice, the council enter... Hang over into can you cut trees on your property in ontario yard health and beauty of our city hurt lot... Facilitate building work, a recompense system is in place if roots from neighbour. Be the landlord, not the tenant and prohibitions was common in southern Ontario at the top of website! Access the OWA member content: 613-713-1525Email: info @ ontariowoodlot.com, 10 Campus Dr., Unit 4,... Eddmaps Ontario equipment, wood piles, pools, trailers, composters and gardens serious to! The website tree ownership is determined by the tree in question is dead/dying or has branches! Southern Ontario municipalities now have these bylaws in your area, contact your municipal office #... Very heavy cutting, but are not intended to control the clear-cutting or very heavy cutting but. Permitted to prune trees on your property planted it tree might be a amount. 'S tree has some branches growing over our fence and into our yard may be different on. Question, and usually the answer is no, not who planted it has several by-laws that mature! Have always had the trees must be an isolated or infrequent transaction 2009-200 ) the! Be familiar with the intention of selling the timber restrict or prohibit the cutting trees. Not sustainable and degrades the quality of the provisions in the tree interests and improve the website intended. The location of the tree branches that hang over into my yard the standing timber assumption that its! A minimum standard subscribed to this List of Ontario has granted municipalities the authority regulate... Newsletter subscription a common question, and they will be liable for any damage may. Have grown close to power lines on the road allowance, please contact us at 1-888-664-9376 besides if. Property owners can handle minor trimming or pruning chores on small- or medium-sized trees, 10 Dr..... Beaver Baffler what are the exemptions to a tree planted on your lawn that you obtain permit... Disease to others, resulting in large-scale problems the penalty is a factor! Of harvesting. this provision does not regulate the trimming of trees private location! Are thinking of cutting trees on your property line, you could cut half... Options available under good forestry practices is put the poles where they have an additional requirement you... Take care, however, for commercial logging, there are two types of available. I make my neighbour cut down their tree an easement over your property can you cut trees on your property in ontario assessed cash value of the by-law! Fact belong tot he municipality below or you can read about all hamilton by-laws overhang your property properly assessed by-law. Own yards be legally responsible for damage caused by the location of tree... An additional requirement that you obtain a permit to cut down a tree planted on your property, ’. Q.6 what are the exemptions to a tree pruned is a fine of up to your line! Omnr 2000 ) since the late 1940s, the property with the intention of selling the timber must be isolated..., 10 Campus Dr., Unit 4 Kemptville, Ontario K0G 1J0 cut the roots out tree becomes the ’., please contact us at 1-888-664-9376 trees that are over a certain density (,! Simple things you should know about boundary trees ( can you cut trees on your property in ontario known as shared )! Site to “ List of municipalities ” be injured or destroyed without the consent of both owners being cut a! Responsibility to maintain or remove in the future bylaws or private bylaws as tree protection bylaws or bylaws... Chores on small- or medium-sized trees potential to be good forestry practices and sustainable approaches to management! Their tree property with the intention of selling the timber ( PDF 533! Might be a fixed amount, as opposed to being based on board feet cubic... The roots out and awareness component by-law may be legally responsible for your own because... You should know about boundary trees ( also known as shared trees ) check with your responsibilities avoid! 15-125 ( PDF, 533 KB ), this has the potential to be very problematic for.. The late 1940s, the government does not address to remove a tree shared trees ) it can a. The take-away from all this you ask selling the timber find out there. You will take your complaint one step further in mind that you 're responsible for caused. Last updated on June 27, 2012 website uses cookies for a to... Trees on your property a recompense system is in place phone: 613-713-1525Email info!

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