Who Pays If a Neighbour's Tree Damages My Fence or Roof in Ontario?
Who pays depends on why the tree or limb came down and on what your insurance covers, so there is no automatic answer. Negligence asks whether someone was careless, while nuisance looks at the effect on your property. Nuisance can include an act that indirectly causes physical injury to land, where the injury is unreasonable in light of all the circumstances.
Check your own home insurance too, because whether it covers the damage depends on your policy wording. Photograph the damage and the tree, get repair quotes, and put your request to your neighbour in writing. If it is not resolved, a money claim up to $50,000 can go to Small Claims Court, and the basic limitation period is two years from the day the claim was discovered. A claim is discovered on the earlier of the day you actually knew the relevant matters and the day a reasonable person in your position ought to have known them.
If the trunk grows on the boundary, the tree is the common property of the owners of the adjoining lands, so ask a lawyer how that affects your claim.
Key takeaways
- There is no automatic rule that a neighbour pays; it depends on why the tree or limb came down and on the facts.
- Nuisance looks at the effect on your property, not at whether your neighbour was careless.
- Whether your home insurance responds depends on your policy wording, so read it and report the loss promptly.
- Money claims up to $50,000 can go to Small Claims Court, and the basic limitation period is two years from discovery.