Listed below are some general points to keep in mind if you have a tree that sits across your property line: A 2013 Ontario Superior Court decision determined that trees with trunks straddling property lines are considered shared property, and therefore require the permission of all shared property owners to remove. Most notable however is what this provision does not address. Byron Shaw The City’s Urban Forestry staff will visit the site to confirm the right tree species and determine the ideal planting location. [2] Forestry Act, R.S.O. What percentage of the tree needs to be on one or the other side of the line for it to be considered a … Remember that the root structure of a tree is usually measured from the base of the trunk at a radius of 1.5 times the height of the tree. Otherwise, a permit would be required to injure or destroy the tree. But you are still generally responsible for your trees and any damage they cause. This website uses cookies for a range of purposes to help us understand your interests and improve the website. Contact by email at [email protected]. As a result, resolving boundary tree issues in Ontario can no longer be considered a trivial afterthought, and will more likely require the assistance of an experienced lawyer in addition to an arborist. For example, if he has a large tree that overhangs and regularly makes a mess in your yard, I believe he is responsible for keeping it trimmed back from your property line. property Acer campestre "Queen Elizabeth": Hedge Maple . Learn more about conflicts with neighbors, trees, property, real estate, property lines, damage, and other legal topics at FindLaw's Real Estate section. The key provision of the Act is short, but very broadly worded: (2) Every tree whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining lands. Trees can be planted as close to the property line as one likes, but of course doing so carries risks. Some large trees—such as willows, poplars and silver maples—must be planted at least 15 metres away from all buildings and infrastructure. New York Property Lines and Tree Trimming Laws. [3] Hartley v. Cunningham, 2013 ONCA 759. adjoining lands Monte McNaughton, Minister of Labour, Training and Skills Development, made the announcement at Landscape Ontario member TLC Landscaping Design and Pools in London, Ont. Trees that straddle property boundaries can be a source of conflict if neighbours disagree about the condition and value of a tree. By-law Enforcement Officers will investigate calls for trees at risk of falling and advise property owners of their obligations under the Township's by-laws. Avoid any actions that could threaten the health and longevity of the tree: o, ver-pruning, removing branches or limbs, or damaging the bark of the trunk all risk exposing the. Maintaining your trees. Call 519-886-2310 to request a tree on public property. developer The City of Brampton's Urban Forestry team is responsible for the planting, maintaining, and removing trees on public property. 1990, c. F. 26, s. 10. If you are concerned about the condition of a neighbour's tree, speak to them first before contacting the By-law Enforcement Department - they may not be aware of the potential hazard. Usually this… A survey will identify where a tree is situated relative to all property boundaries. The penalty is a fine of up to $20,000 or imprisonment for up to three months, in addition to any civil remedies. tree If you’re wanting to plant a tree, start by explaining why you want it where you want it. That was the case for Phyllis J., a Davey blog reader from Arizona who wrote about a palm tree that sits on the corner of her lot. imprisonment Instructions will be provided. This means that if your tree is wholly on your own property, removing it may impact or damage your neighbour's property because the roots extend beyond the property line. See the. They provide us with many lasting benefits – shade, privacy, increased property value, shelter and food, and they contribute to our mental well-being. [1]. If the tree is on the property line, both property owners share the value of the tree and are responsible for upkeep on their side of the boundary line. Line fences mark the boundary between abutting properties. arborist It is your responsibility as a property owner to ensure that your tree does not pose a safety risk to you or your neighbours. canopy The Civil Code of Quebec, a law that applies across the province, does not have rules on what kinds of trees you can plant. read. 2539, at para 71. Learn More. 1. All tree planting projects should start with a comprehensive site assessment. How to plant a tree. You may do this work from your property, however you cannot enter your neighbour's property to do the work without their permission. By Several of these trees have been chosen "Urban Tree of the Year" as picked by The Society of Municipal Arborists (SMA). Trees make our world a beautiful place. Ash tree replacement. To understand more about how we use cookies or to change your preference and browser settings, please see our Cookie policy, The answer to this question greatly depends on the province in which you live. +1 416-601-7783 While section 3 of the Line Fences Act gives property owners the right to build and maintain line fences, it does not force property owners to build line fences to mark their boundaries.. urban development, t. The property owner must pledge to assist with the proper tree care (watering) for the first three years of the tree's life. Infested trees usually take up to five years to die. If the neighbors trees encroach then demand that they be removed. It’s a great idea to plant white pine trees in parks and spacious yards. The Ontario government announced $20 million in funding to support apprenticeship in the skilled trades. Also, some cities and towns have by-laws against tree species that can damage roads and water systems with their very roots. It is always best to talk to your neighbor before taking any action that could harm or damage their tree or shrubs. Share. The Township's Property Standards By-law #98-182 requires that property owners maintain their properties free from dead or dying trees that are at risk of falling over. "A tree can now become common property simply because it grows too large," said John Howlett, Ms. Hartley's lawyer. However, as that tree grows several problems often arise. If they do not encroach you do have the right to prune branches that grow on your side. In some provinces, the common law appears to allow a property owner to simply cut any part of the tree that crosses the property line. Can I plant any kind of tree on my property? The Township's Property Standards By-law #98-182 requires that property owners maintain their properties free from dead or dying trees that are at risk of falling over. It is your responsibility as a property owner to ensure that your tree does not pose a safety risk to you or your neighbours. Avoid any actions that could threaten the health and longevity of the tree: over-pruning, removing branches or limbs, or damaging the bark of the trunk all risk exposing the tree to infection.. Boundary Disputes . Picking the right trees to plant in the right place . That is, they may prune back the roots or branches to the property line without giving notice to the owners of the trees (although prudence suggests it may be wise to at least notify the neighbour of the intention to prune). In the urban development and real property context, this has the potential to be very problematic for developers. Each property owner is responsible for repairs and clean up of their own property. If you see a tree branch that you're worried may cause you damage, you can ask your neighbour to have it removed. If you are planning any yard work, such as planting trees, contact Ontario One Call to request cable locates to confirm there is no underground equipment, such as cables, in the area you intend to dig. Before you plant the hedge, get a survey plan or, better, a boundary stakeout, so you know with 100% certainty that you’re planting it where you want it and you’re able to maximize the use of the rest of your property. Legally, you can plant right up to the existing property line. A white pine tree can grow up to 50 feet in height. Help keep your trees healthy by following these tips: Keep lawn mowers and string trimmers away from tree trunks to avoid damaging the bark, which can eventually kill a tree. Hedge maple tolerates urban conditions with no serious … Maintenance of trees on private property can often lead to disputes between neighbours when a tree has been planted close to the property line. No. Request new tree. By Mark and Ben Cullen Green Spaces. The City offers several programs that support tree planting in the city for schools, residents, commemoration and rural areas. Posted on August 23, 2013 August 23, 2013 by James S. Tupitza. The trees whose tree trunks are within your property line are considered to be part of your property, and therefore, your responsibility. Carol Sharp/Corbis Documentary/Getty Images. All tree branches, shrubs, and other foliage extending over your property can be trimmed without requiring your neighbour's permission, even if the plant originates from your neighbour's property. This includes trees in Brampton's parks, … [1] Demenuk v. 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