Boundary Trees in Ontario: Who Owns Them Under the Forestry Act?

A large tree sits right where your yard meets your neighbour's. Maybe it is dropping branches, lifting a walkway or blocking light, and you want it trimmed or gone. Before anyone picks up a saw, it matters who actually owns the tree.

In Ontario, a tree on the boundary line is treated differently from a tree that sits fully on one side. This article explains how the Forestry Act treats boundary trees, what consent is needed, and what can happen if someone removes one without it.

What makes a tree a boundary tree

The Forestry Act looks at where the trunk grows. A tree whose trunk grows on the boundary between neighbouring lands is covered by the boundary-tree rules. A tree whose trunk is clearly on one owner's side is a different situation, and the rules below do not simply carry over.

Many people only think they have a boundary tree. Trunks can be close to the line without being on it, and fences are not always on the true boundary. The Ontario government says owners must settle boundary line disputes themselves, often with legal advice and a survey.

Co-ownership of a boundary tree

A tree whose trunk grows on the boundary between neighbouring lands is the common property of the owners of both lands. In plain words, neither neighbour owns it alone. You cannot treat it as yours to remove, and your neighbour cannot treat it as theirs.

Co-ownership also means shared interest. If the tree is healthy and valued by one owner, the other owner does not get to decide its fate by themselves. If you disagree, the practical route is a conversation and, if needed, a written agreement or legal advice.

Consent, removal and penalties

Anyone who injures or destroys a tree growing on the boundary between neighbouring lands without the landowners' consent commits an offence under the Forestry Act. The word is injures, not just removes, so heavy cutting that harms the tree can also be a problem.

On conviction, a person who breaks the Act faces a fine of up to $20,000, up to three months in prison, or both. Whether a particular case would be prosecuted, and what a court would order, depends on the facts.

Planting trees and fallen trees

The consent rule works in both directions. An owner may plant trees on the boundary between two properties only with the neighbouring owner's consent.

A different rule applies if a tree falls on a line fence. The owner or occupant of the land where the tree stood must immediately remove the tree and repair the fence. That rule is about the fence, and it sits in the Line Fences Act, which does not apply in every municipality.

• Municipalities may also pass by-laws about structures, including fences, so local rules can matter for work near a fence.
• Trees that are not on the boundary, overhanging branches and municipal tree-protection rules raise separate questions that depend on the facts and the municipality. A lawyer or your municipality can confirm what applies.

What to do next

• Do not cut, poison or remove the tree until ownership is clear.
• Find your survey or plan of survey, or ask a licensed surveyor to confirm where the trunk sits relative to the line.
• Speak to your neighbour and, if you reach agreement on pruning or removal, put it in writing.
• Take dated photos of the tree and any damage it has caused.
• If your neighbour refuses or has already cut the tree, speak with a lawyer before replying in anger or taking further steps.
• Check with your municipality whether any local by-law applies before any tree work.

Frequently asked questions