Boundary Trees in Ontario: Who Owns Them and Can They Be Cut?

You look out the window and see a large maple. Its trunk sits right on the line between your yard and your neighbour's. One of you wants it pruned, removed, or left alone, and you are not sure who gets to decide.

In Ontario, trees on the boundary are treated differently from trees that sit fully on one property. This article explains the rule, what it means before anyone picks up a chainsaw, and where other rules such as municipal by-laws may come in.

Who owns a tree on the property line?

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. Neither of you owns it alone. It belongs to both of you together.

The key question is where the trunk grows, not where the branches or shade fall. A tree whose trunk stands entirely on one side is not covered by this rule. Working out where the trunk really sits can depend on where the boundary is, and that may call for a survey.

If you cannot tell where the line runs, the Line Fences Act process will not settle it for you. The Ontario government says that process does not decide where the property line is, and that owners must settle boundary disputes themselves, often with legal advice and a survey.

Can you cut, trim or remove a boundary tree?

Not on your own. 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. Because the tree is common property, that consent has to come from the owners of both lands.

Cutting the tree down is the obvious example, but the wording also covers injuring a tree. Heavy cutting of a boundary tree, or damage to it, could raise the same concern. How a particular amount of pruning would be viewed depends on the facts, so it is worth getting your neighbour's agreement in writing first.

On conviction, a person who breaks the Act faces a fine of up to $20,000, up to three months in prison, or both. Those are the maximums, not what will happen in every case.

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 row of cedars or a single shade tree right on the line, speak to your neighbour first. A tree planted without agreement can turn into a shared-ownership dispute later.

When a tree falls on a fence, and other rules that may apply

If the tree stood on one property and falls on a line fence, the Line Fences Act says the owner or occupant of the land where the tree stood must immediately remove the tree and repair the fence. That is a separate rule from the boundary tree rule, and it applies to a fence, not to the tree's ownership.

Keep these limits in mind:

• The Line Fences Act covers fences on a boundary line only.
• A municipality can pass a by-law that says the Act does not apply to all or part of it, so check with your municipality.
• For land in a registered condominium, the condominium corporation, not the unit owner, is treated as the owner under the Act.
• Your city or town may have its own by-laws about trees. Whether they apply to your situation varies, so check before cutting anything.

What to do next

If a tree on or near your property line is causing a disagreement, take these steps before any work starts:

• Confirm where the trunk actually stands. A survey may be needed if the line is unclear.
• Take dated photos of the tree and its condition.
• Talk to your neighbour and get any agreement about pruning, removal or planting in writing.
• Check with your municipality about any tree or fence by-laws.
• Hold off on any cutting or pruning until you and your neighbour have agreed, because injuring a boundary tree without the landowners' consent is an offence.
• If your neighbour refuses or the line is disputed, speak with a lawyer before acting.

A lawyer can review your survey and title documents, explain how the rules apply to your tree, and help you put an agreement with your neighbour on paper.

Frequently asked questions