Boundary Tree Ownership and Removal Under Ontario Law

A large maple or cedar sits right on the line between two yards. One owner wants it gone because of roots, shade or safety. The other likes it. Before anyone picks up a chainsaw, it helps to know who owns the tree.

Ontario's Forestry Act speaks directly to trees on a boundary. This article explains what it says, how to find out whether a tree really is on the line, and how to approach a neighbour sensibly.

Who owns a boundary tree

Under the Forestry Act, a tree whose trunk grows on the boundary between neighbouring lands is the common property of the owners of both lands. In plain terms, neither neighbour owns it alone. Both have a say.

The wording turns on where the trunk grows. A tree that stands wholly on one side, even with branches or roots crossing over, is a different situation. Rules about overhanging branches and roots are not covered here, so get advice on those.

Can one owner cut it down

Not without consent. Anyone who injures or destroys a tree growing on the boundary between neighbouring lands without the landowners' consent commits an offence under the Act. On conviction, the penalty can be a fine of up to $20,000, up to three months in prison, or both.

The key word is injures. Heavy pruning, cutting major roots or damaging the trunk could be argued to injure a tree, not only felling it. If you want to do more than minor tidying, get your neighbour's agreement first.

Planting on the boundary

The same consent idea applies to planting. An owner may plant trees on the boundary between two properties only with the neighbouring owner's consent. If you want a hedge or a row of trees along the line, agree on it in writing before planting.

Is the tree really on the line

Many disputes begin with a guess about where the property line runs. The Ontario government says boundary line disputes must be settled by the owners themselves, often with legal advice and a survey. Preparing plans that determine or establish a boundary is cadastral surveying, which requires a licensed individual, or someone working under a licensed member's direction and supervision.

If there is genuine doubt about where a boundary sits on the ground, the Boundaries Act allows an application to the Director of Titles to confirm it, including a signed up-to-date plan of survey and the field notes. If someone objects, the Director must offer a hearing, and if nobody objects the Director may confirm the boundary without one. A confirmed and certified boundary is deemed the true boundary.

Dangerous trees, fences and local rules

A tree that looks unsafe does not remove the consent requirement. Document the problem with photos, and consider a written report from a qualified tree professional to share with your neighbour.

If a tree falls on a line fence, the owner or occupant of the land where the tree stood must immediately remove it and repair the fence. For a boundary tree, where the trunk stood on both lands, who bears that duty is unclear, so get advice.

Municipalities can pass by-laws about structures, including fences. Separate municipal tree rules may also exist and vary by city, so check with your municipality before any work.

What to do next

• Confirm where the trunk stands, using a current survey if the location is unclear.
• Speak to your neighbour early and explain your concern calmly.
• Get any agreement about pruning, removal or planting in writing, signed by the owners.
• Check municipal by-laws and permit requirements before work begins.
• Do not cut, poison or heavily prune the tree while the dispute is unresolved.
• Speak to a lawyer if your neighbour refuses or if damage has already happened.

Frequently asked questions