Can a Neighbour Cut Tree Roots or Branches That Cross the Property Line in Ontario?

You may be able to trim what crosses onto your side, but cutting a tree is not always a simple self-help step. Two checks come first. Every tree whose trunk grows on the boundary between adjoining lands is the common property of the owners of those lands, and injuring or destroying one without the owners' consent is an offence under the Forestry Act. Your municipality may also require a permit to injure or destroy trees under a tree by-law.

If roots or branches are causing real damage, a civil claim may be possible. Private nuisance can include an act that substantially interferes with the use or enjoyment of land where the interference is unreasonable in light of all the circumstances, and it looks at the effect on your property, not whether your neighbour was careless. The basic limitation period is two years from the day the claim was discovered. Money claims up to $50,000 can go to Small Claims Court.

How far you can trim, and whether your situation amounts to nuisance, depends on the facts, so confirm with a lawyer before you cut or sue. Keep photos, dates and repair quotes.