My Neighbour's Dead Tree Could Fall on My House: What Can I Do in Ontario?
Start by writing to your neighbour, then contact the municipality, because its by-laws often shape what can be done. A municipality may regulate the destruction or injuring of trees by by-law and may regulate public nuisances, but what each one actually does varies.
A dated letter with photos creates a record that you raised the problem. If the tree later falls and damages your property, a nuisance claim asks whether the interference with your property is unreasonable in light of all the circumstances, not whether the neighbour was careless. Whether earlier notice changes the outcome, and whether insurance responds, depends on the facts and the policy wording.
If the trunk stands on the boundary, the tree is the common property of you and your neighbour. How the rules on injuring a shared tree apply between its co-owners depends on the situation, so it is worth confirming with a lawyer before anyone cuts it. A municipal by-law may also require a permit to injure or destroy trees. A judge of the Superior Court of Justice may grant an interlocutory injunction or mandatory order where it appears just or convenient. The basic limitation period for a claim is two years from discovery. Get advice before acting.
Key takeaways
- Put your concern in writing with dated photos so there is a record that you raised it.
- A municipality may regulate injury to trees and public nuisances by by-law, but what it does varies.
- A nuisance claim looks at the effect on your property, not at whether the neighbour was careless.
- A Superior Court judge may grant an interlocutory injunction where it appears just or convenient.