What do I do about problems with a neighbour tree?
In the close quarters of many Toronto neighbourhoods, along with larger spaces in the city and in GTA suburbs, neighbourly disputes are common. Everything from garbage bins to lawn maintenance to loud music can be a thing to argue about, and problems with a neighbour tree are no exception.
Perhaps you’re thinking of cutting your neighbours’ overhanging tree, or there are overgrown branches blocking sunlight. Maybe your neighbours’ tree is damaging your fence or roof, or their roots are creeping under your fence. Sometimes, it is a bigger issue like worrying your neighbours tree will fall on your home. How can you handle it?
The first thing to know is that you do have the right to prune parts of a tree growing on or overhanging your own property, as long as it will not damage or kill the tree to do so. However, the City of Toronto recommends that, prior to conducting any work on trees that share space, you discuss the issue with your neighbour first.
Who is responsible for a neighbour tree?
Your first question should really be whose tree is it? Do you know where the correct property line lies? Many fences or commonly acknowledged property lines differ from the actual property line.
What is a boundary tree?
Trees with trunks across a property line are considered “boundary trees”, meaning you and your neighbour are considered joint owners of the tree.
With issues where the tree poses a danger to your home or property, it gets more complicated. Small trees where the branches or limbs are only causing minor issues or damage are easy to address.
What about branches overhanging my property?
A branch or limb crossing the property line can be trimmed back to the property line, at minimum. With permission from your neighbour, you can trim the tree back to an appropriate place, which is usually a better option than cutting a branch off in the middle. This is an overlapping area of law – you’re entitled to trim your neighbour tree when it comes into your airspace, but under city bylaw you aren’t allow to injure the tree without a permit from the city.
What if the tree is growing across multiple properties?
Larger trees that straddle multiple properties are much more complicated to deal with and may have significant grey area with regards to the law, liability and ultimate ownership or responsibility should something go wrong or the tree needs to be removed.
Home and property owners in Toronto are required to maintain their trees to reasonable safety standards. If you feel a neighbour’s tree poses a hazard to you or your property, first reach out to your neighbour to see if the issue can be resolved amicably.
My Neighbours’ Trees Blocking Sunlight
If your neighbour’s trees are blocking sunlight, whether it’s a view from your windows or a shady back deck, this will typically be a tree trimming job you’re responsible for footing the bill for. When your neighbors’ trees are blocking garden light, the problem can be particularly annoying for avid gardeners.
What to do about a neighbour tree shading your garden
Your neighbour is under no obligation to prune or trim their tree for you. If leafy branches over your yard don’t let enough sunlight through to your flower garden or your view is blocked by a tree you don’t like, you’ll have to speak to your neighbour.
They may be open to trimming their trees or even sharing the cost, particularly if the tree needs other pruning. If they aren’t interested in having their tree pruned, however, you’ll have to respect their wishes and the property line.
What should I do if my Neighbours’ Tree is Damaging my Property?
If your neighbour’s tree is causing damage or is a hazard, your neighbour has an obligation to deal with the problem. This includes broken branches, dying branches, and dying or dead trees. Home and property owners are responsible for maintaining their properties to a reasonable degree of safety, and when they fail to do so, they can face fines under municipal by-laws and be compelled to remedy the issue.
If your neighbour’s tree has caused damage or fallen on your property, you should contact your neighbour and document the damage for insurance purposes. If you believe the tree to still be unsafe, or there is a hazard that needs to be removed, follow up by calling an arborist for a consultation.
If your neighbour refuses to act to remove the hazard on their property, you may want to call 311 to have a municipal by-law officer assess the situation. It is important to stay calm, document the steps you’ve taken to address the issue, and any costs incurred by you for insurance purposes.
Cutting Neighbour Tree Roots
Tree roots are one of the toughest problems, as cutting a tree root can compromise the health and structural integrity of the tree. If the root issue is minor in nature, such as a root growing under a fence, near the side of a yard, or in another outdoor location, it may be best to leave the root. You do have the right to remove some roots growing onto your property, but unlike with pruning, this is far more likely to cause serious problems, as root removal can cause significant damage to the tree. Not only can removing roots harm the tree’s health, it can make trees unstable and more likely to fall over, raising big liability and safety issues.
With a bigger root problem, such as roots growing into your plumbing or foundation underground, you’ll want to have an arborist assess the issue. Your arborist can assess the roots using a tool called an Air Spade and create a plan to address the problem. If the roots are from a tree that is not your own, involving the owner of the tree is an important first step to ensure a smooth resolution to the problem.
Who can help with problems with a neighbour’s tree?
Neighbour disputes over trees can get heated. Often, it’s best to involve a professional who can remain objective. An arborist can identify the source of the problem and suggest different solutions that balance the rights and interests of both affected parties.
Arborists are also trained to ensure damage doesn’t happen to the tree or property near it, and reputable companies will carry liability insurance to cover the work they undertake. The last thing you want in a dispute with a neighbour about a tree is to cause damage to your property or theirs trying to resolve the issue. For this reason, it makes sense to have an arborist do the work and ensure the work is done correctly without damage to the tree or either property.
When you’re in the early stages of assessing a potential neighbour tree problem and you’re not getting a response from the neighbour, you might also consider getting an arborist assessment to determine if the tree is actually a hazard.
How to Resolve a Tree Issue with Your Neighbour
First, be proactive! Talking to them directly is the most straightforward option, but if you don’t have a good relationship, it’s always advisable to have something in writing. The neighbour needs to be informed about the problem and given an opportunity to fix it.
When a tree needs pruning, you may be able to come to a mutual agreement and share costs. For boundary trees in Ontario, any pruning or removal needs to be agreed upon by both of you.
Do you and your neighbours need tree maintenance to keep your yards and your relationship healthy? Contact Vista Tree Management today for a free quote!
My neighbor expects me to pay for the limbs hanging over my house that would cause considerable damage to my roof.
The tree is on their property but is telling me that it is my tree as well…My limbs
I expressed that it is not my responsibility.
I have contacted an arborist and he told me that it is their responsibility.
I believe they will only take down the limbs hanging over their house and leave the rest for me to deal with.
He plans to do it himself with rented equipment.
The arborist you spoke with is likely correct. I am unsure where you’re located – if it is the GTA then that is easier as we are located here. It is difficult to oblige tree owners to do anything short of an obvious hazard or obstruction, for which in Toronto you can complain about to 311 to request a compliance order. He is not obligated to cut the tree for anything other than legitimate safety reasons, I.e. while an individual may fear a tree falling on their house, a Certified arborist may declare it unlikely or safe. It is a complex area, involving insurance, civil law and neighbour relations. In our area of work, while an owner may be obliged by the city or others to prune a tree over the property line due to hazard, the threshold for declaring a hazard is quite high which can mean that, practically, your airspace is your concern. Conversely, this also allows you to properly (I.e. certified arborist) prune trees in the airspace of your property without consulting the owner of the tree, but only to the property line. There are a lot of nuances, if you’re in the Toronto area we can give you a free quotes if you’re outside of it, I would get another opinion from a company either affiliated or members of the International Society of Arboriculture (ISA), The Ontario Commercial Arborists Assocation (OntarioOCAA.com)or the Tree Care Industry Association (TCIA) in the states – depending on where you live.
None of this post is legal advice!
The recent high winds broke a limb of my tree and it fell in my backyard. The limb is rather small, 1.5″ in diameter. The property is in Scarborough, ON. The tree is pruned by proffesionals this spring, few months ago.
Now my tenants claim thet the tree is unsafe and their usage of backyard is restricted, unless more cutting is done.
I beleive this is unreasonable demand. What is your opinion?
Hi Dar,
It is impossible to know without seeing the tree. A 1.5 inch branch is very small, though still can cause injury. You can ask a couple companies for a quote on mitigating any dangerous aspects of the tree, and talk to the arborists on site to get an idea of whether or not the request is invalid. Not every arborist will take the time to speak with you – some may only provide token acknowledgement and a price or refusal. If the company you had previously was reputable, I’d give them a call and ask the same question.
My neighbour’s tree is pushing over my fence. I politely informed him about the situation and his response was dismissive.
Hi D,
If you are in Toronto and the tree is on the property line, it is likely a shared tree. Your fence may also be considered to be shared. The definition of neighbour or shared tree varies by jurisdiction, and relates to the percentage of the canopy, central roots, or trunk that are over the property line. In many jurisdictions, you are empowered to trim branches that enter the property line when employing certified arborists. There are often better solutions to cutting off a branch of a tree, such as cutting a hole around a branch in the fence to allow it space rather than having it push on the fence. The options and solutions are something that depends on the location and situation. Laws and bylaws around trees with regards to neighbours are complex. It would be best to request an assessment from a certified arborist in your area to get an idea of the options you may have. They may be more limited that you’d imagine, particularly with compelling your neighbour to pay for a service or compensate you – only a lawyer could speak properly to that.
Neighbour cut down his tree leaving a large stump. The large roots of the tree have spread to our property. The roots are now creating a problem as that is where to plan to put our driveway. Roots need to be removed before driveway can be started. Who is responsible for the cost of removing the roots?
Hi Jim, if the tree is no longer growing the roots or portion of roots remaining on your property are your responsibility. However, you can remove them without concern of causing damage to the tree since it is no longer there. Depending on the size of the roots they can be dug out, or an arborist may be able to assist with stump grinding.
I live in Toronto and a tree on my neighbour’s property has branches that obstruct the shared walkway between our houses (the only way to access our backyards for both of us). They won’t trim it or allow us to trim it. Do you have experience with easement laws, and would that give us the right to trim branches that block the shared walkway?
Thank you for this informative article!
My neighbor just went past our original fence that has been there for about 30 years.
She’s contacted the front fence to go out over 20 feet, obstructing our view as it is over 6 feet, we never agreed and they dug into the roots of our blue spruce quite aggressively.
I feel there will be damage, after reading the reviews of the company she hired, And we may end up with issues that cost us money.
This front fence was never discussed
Cutting into our roots was never discussed
No survey
No permit
No discussion
No permission given
What do I do in Petrolia?
I have a neighbors 4 cedar shrubs overhanging my lawn, they have a turpentine residue when it rains that kills my lawn, even new dirt a seed will not revive the area, they need trimming back away from dripping on the lawn.
Hi there, my neighbour has planted what looks to be either a silver/sugar maple tree on his property, right against our shared fence. It’s a sapling and no more than 4 feet tall right now, so no immediate issues or hazards right now. However, it’s 9 feet away from my foundation. As this tree matures, is it likely to cause damage to my foundation? Note: I am unfortunately not on speaking terms with my neighbour.
Hi Rebecca,
Tree roots themselves are not physically strong enough to crack a foundation, rather, they take advantage of pre-existing issues and damage. If your foundation and water seal are in good condition, the tree will not be able to penetrate anything and won’t be motivated to either. Trees require oxygen, water and nutrients. Foundations don’t provide this, and soil directly adjacent to houses is usually quite compacted – meaning that the space between all the individual molecules of soil has been pushed out leaving little space for oxygen and creating an anaerobic environment (Like a bog, where lack of oxygen and other factors preserves organic material for long periods of time). That being said, if there are pre-existing foundation issues (such as a crack), it’s possible for the tree to become a problem factor over time. Cracks create space for water and oxygen, and since tree roots seek this out they can potentially grow into the cracks. They still don’t have the power to further crack the foundation itself, but they can create the conditions that will. Since water expands when it freezes rather than contracts, over the course of a number of years the freeze-thaw cycle can exacerbate existing damage. When a tree root grows into a crack, it will grow to fill the space. When the crack is discovered, the existence of a tree root will often be pointed at in terms of “Creating” the damage, but they’re actually just taken advantage of the environmental conditions. Tree roots also don’t grow very deep an average being in the first 1-2ft of soil max depth.
In terms of the tree itself, it’s unfortunate your neighbour wanted to plant it right beside the fence and in such close proximity. Native Maple trees grow quite large and tall, depending on how far it is the tree will likely eventually become a problem for the fence and may even become a shared tree over time depending on the growth. It does usually take some time for this to happen, though, and there is the non-zero chance this tree won’t survive or thrive.
Unfortunately, as it is on their property there is little recourse you have now and the aforementioned scenarios are theoretical and somewhat far off.
A neighbour living in Condo has a tree which is extremely high and nearly unable to trim
manually .The problem is that the tree is spilling seeds or what ever from cone shaped
pods of some sort. It is hard to explain , but a picture is worth a thousand words.
The tree is overhanging the parking lot and depositing seeds or what ever you want to
call them all over my car and since I am 77 and have no outside access to outside water
it is causing a problem. This tree also deposites said (seeds) all over her backyard which
is next to her yard.This is just the begining since the falling leaves actually covers her patio.
We have had conversations in the past and they say so what leaves fall, but we are not in a forest!!!!!
I have two “Manitoba Maple” trees in my back yard, on my side of the fence but producing shade on both sides. My neighbour built a little garden right at the fence and it doesn’t receive direct sun until mid-day.
I have learned that the City of Toronto considers these trees to be invasive things and they should never have been planted here. They were here when we moved in, 30 years ago. So my question is: if these trees are invasive, do the normal rules apply?
Hi Will,
Manitoba Maples are actually native to Ontario and while they are not as common in southern Ontario as Northern, they aren’t considered invasive. You may be thinking of Norway maples, which are both non-native and invasive. Regardless, the City of Toronto bylaws governing trees on private property apply no matter the species of tree. I.e. if they are over 30cm DBH (about the size of a wood telephone pole at 4.5 ft) then you may not remove them without a permit or cause injury to them either by pruning too much or otherwise. Both Manitoba Maples and Norway Maples are prone to experiencing rot, overgrown branches, branch failure and deadwood. Manitoba Maples are commonly used in riparian zones (i.e. by rivers) or in ravines as they are quite aggressive at rooting and re-grow despite rot, broken branches etc. Norway Maples are very aggressive, weak wooded but heavy trees that put on heavy canopies and put out extensive root systems. Both trees may be good candidates for removal (with a permit, which can be costly to get), or potentially pruning to increase sunlight. It’s impossible to tell without taking a look but that’s the rough over view. Have a great day!
My neighbours tree is against my backyard fence. It is not well cared for and is an eye sore. That said the tree hangs over my property but worse yet it hang over the hydro lines and bell lines in between our houses. I contacted an arborist who said that Bell is responsible to trim the tree on the lines. However I called Bell and they sent someone out who said it is not their responsibility. When I called the arborist to just deal with the issue myself he said I cannot do anything without the neighbours permission. The problem here is that this neighbour is not friendly and more importantly he is a renter and not the actual property owner. How can I find the owner to get permission or is there anything else I can do? I worry about the tree being on the lines for safety reasons and want to avoid trouble in the future of services being cut off if the tree knocks the lines down. Funny enough Bell said if the tree impacts the lines they will deal with it then. So not helpful. Imagine being proactive.
Help in Etobicoke
Hi there,
I’m sorry to hear about your situation. Without actually seeing the tree and site I would be hard pressed to give a concrete answer as to your specific situation, however, I can provide some information about how these things usually work. While I may touch on some laws or by-laws, this is not legal advice.
First, when it comes to utilities, while Bell and others are responsible for maintaining their lines etc. they are not required to provide proactive maintenance and do not assume responsibility for trees simply because they are in the corridor or in proximity to lines. So while they will respond to damage, they will not provide other services. On an individual level this doesn’t feel right – if it’s their system, why wouldn’t they proactively maintain it and why shouldn’t they be responsible for managing risks to the infrastructure? When one reflects on the fact that there are more than 4 million trees on private property in Toronto, the rationale behind their position begins to become more clear. If Bell, Rogers etc. were to take responsibility for maintenance of trees in proximity to lines on private property it would amount to massive costs being transferred from individual homeowners to these corporations. Whether or not one thinks that is reasonable is beside the point – no company would want to assume that cost, and since they aren’t obligated to, they won’t. In contrast, the City of Toronto maintains all of the publicly owned trees in the city and pays tens of millions a year to private contractors like Davey Tree, Asplundh, Ontario Line Clearing and Weller Tree Company to prune street trees back from hydro lines. The City has direct access to these lines and there are “only” 2-3 million publicly owned trees. You can imagine then what it would cost to maintain double the amount of trees in backyards that can’t be easily accessed with a bucket truck and the issues that might arise with homeowners.
In terms of maintenance, individual property owners in Toronto absolutely have the right and responsibility to maintain their trees in accordance with the laws and by-laws. It’s not clear to me from your description whether or not the tree is on the boundary of the property or if the trunk and roots are entirely in your neighbour’s property. A tree growing on the boundary of the property has shared ownership corresponding to the properties it is growing from. Even if the tree is entirely in your neighbours property and simply has branches growing over into yours, you have the right to prune the parts of the tree in your airspace. This is not an absolute right – you’re entitled to prune it but still required to follow applicable laws and by-laws. The City of Toronto doesn’t allow anyone to “injure” a protected tree. This means trees over 30cm diameter at breast height (roughly the width of a wood telephone pole) must be pruned according to best arboricultural practices. This means proper pruning cuts, not pruning too much, and so forth. Pruning a tree to the property line will rarely meet this requirement, but occasionally it is still appropriate and legal to do so when no other options exist and there is a legitimate safety issue.
When the arborist you spoke with stated they would need permission of the neighbour to prune the tree, they likely meant that they would need access to the neighbour’s backyard to climb the tree and permission to cut the tree on their side of the property to ensure the tree was not injured or damaged. While it is possible to cut to the property line in certain limited situations, if the tree is up too high it may be difficult or impossible to reach without climbing the tree (and entering the neighbour property) or bringing in large and expensive equipment like a spider lift to access the branches. While you do not absolutely need permission from a tree owner to prune a tree that comes across into your property, working with neighbours and getting permission to access and prune the tree will *always* be the better option if it is available.
Since this neighbour is not resident and you have no way of contacting them except through the renter, I would suggest asking the renter for the landlord’s information and/or googling to see if you can identify contact information for them based on rental ads etc. If you’re able to reach them, you should be able to negotiate for either a shared cost of pruning the tree or, at least, for approved access to the property so you can pay to prune the tree yourself if you’d like to. If you have tried getting their info and have still been unable to reach them, your remaining recourse would be to make a complaint to the City for a by-law infraction. If the tree has significant dead wood, broken branches, is at risk of falling or is interfering with infrastructure or your enjoyment of your property due to safety concerns, the city can issue a compliance order to the property owner requiring them to prune the tree. The pruning may not alleviate the eyesore, but it may address any existing safety issues. If the matter is simply aesthetic, they are unlikely to issue an order. A note of warning, however: calling the city for a by-law infraction and getting an order issued can seriously harm neighbourly relations. Compliance orders can cost people thousands of dollars and usually have a timeline of 30-90 days to complete. Very few people respond well to this type of situation, but sometimes it is the only option.
I would recommend keeping records of your communications with the utilities, the city and your neighbour so that you have them in the event the tree causes damage in future. Damage from trees breaking or falling over is generally handled by the insurer for the person or property on which it fell, not who owned it. This means your home insurance policy would be activated, meaning a claim on your record, deductible payment etc and they may not cover everything depending on the wording of your policy. The only exceptions for this would be negligence on the part of the tree owner, which is why it can sometimes be helpful to document these situations.
I know that was a lot of information but I hope it helped! In brief you can: 1. prune the tree on your side yourself, so long as it can be accessed without going into the neighbour property; 2. Get the contact info of the landlord and negotiate a plan to manage the tree or get access to it; 3. Call the city to report a safety issue or hazard that the tree poses so they compel the owner to prune the tree.
Best of luck!
My neighbour is nice to me, although I told her that her tree branches are hanging on my roof and she said she would take care of that problem, to this very day nothing has been done and it is a Magnolia Tree which is much too high already. I like that tree, but it sure needs a good trimming and if it damages my roof, she will have to pay for the repairs.
My neighbour is nice to me, although I told her that her tree branches are hanging on my roof and she said she would take care of that problem, to this very day nothing has been done and it is a Magnolia Tree which is much too high already. I like that tree, but it sure needs a good trimming and if it damages my roof, she will have to pay for the repairs. When the wind blows, thesse branches wake me up in the early hours of the morning which I do not appreciate at all.