Can I Trim Branches Hanging Over My Property From a Neighbour's Tree?

A large branch is hanging over your yard, dropping leaves into the gutters or shading the garden. Or perhaps roots from next door are pushing up your lawn. The natural thought is to get out the saw and deal with it yourself.

Before you do, it helps to understand the limits. Cutting a neighbour's tree can lead to a dispute or even a claim if it goes badly. This article explains the main cautions in plain language. It does not give a rule for your property, so speak with a lawyer if the tree is large, the line is unclear or the relationship has broken down.

Overhanging branches: what to think about first

How far you are entitled to cut what crosses onto your land depends on the facts, so it is worth confirming with a lawyer. How you deal with it matters. A tree is valuable to its owner, and a cut that harms its health or stability can easily turn into a dispute.

The questions to ask before cutting are practical ones. Is the tree healthy? Would the cut remove a large part of the canopy? Will the tree be unbalanced and likely to fall? Can you reach the branch without entering your neighbour's land? Is the work safe to do yourself, or near power lines?

• Pruning small branches that are well within your own space is very different from removing a major limb.
• A cut that leaves a tree lopsided or stressed can lead to later failure.
• Working from a ladder or saw near wires or a roof is dangerous and often better left to a certified arborist.

Roots and the limits of cutting

Roots raise the same issues in a more hidden form. Cutting large roots close to the trunk can destabilize or kill a mature tree. If the tree later dies or falls, the owner may blame you, and you may find yourself in a dispute about the cause.

If roots are damaging a foundation, sewer line or driveway, document the problem and get professional advice before cutting. An arborist can say how much root removal a tree can survive, and a lawyer can advise what you may do and whether the owner may be responsible for the damage.

Boundary trees, unclear lines and fences

The riskiest situation is a tree that sits on or very near the boundary. How this applies depends on your situation, so it is worth confirming with a lawyer before you act. If you are not sure where the trunk stands, do not assume. A professional survey is the usual way to learn where the line is.

If you and your neighbour disagree about the line, no fence-related procedure will settle it. Line-fence arbitration deals only with fence disputes and does not decide where the boundary is, so owners must resolve boundary questions themselves.

Fences add another wrinkle. Where a tree has damaged a fence on a shared boundary and the owners cannot agree on repair, the Line Fences Act sets up a process in most of Ontario. If one owner repairs the whole fence on their own initiative and then asks the neighbour to pay part of the cost, that process does not apply. Municipalities can exempt themselves from the Act by by-law, so check with yours.

Municipal tree rules

Tree and fence rules often come from the municipality. Some municipalities have by-laws about cutting or removing certain trees, and the details differ from one place to another. Look at your municipality's website or call the by-law office before you cut anything sizeable.

What to do next

• Take dated photos of the branches or roots and of any damage they cause.
• Confirm where the trunk and the property line sit, using a survey if there is doubt.
• Talk to your neighbour first and offer to share the cost of a professional tree service.
• Follow up in writing so there is a record of what was asked and agreed.
• Check your municipality's tree rules before any major cutting.
• If your neighbour refuses or the tree is large or on the boundary, speak with a lawyer before cutting.

Frequently asked questions