It appears that you have given permission to have the stumps removed in light of your neighbour’s wish to renovate—but not owing to reasons affecting your property. You are correct…the Ontario Forestry Act makes no mention of any diameter. [3] It therefore cannot be injured or destroyed without the consent of both owners. The other day he tore out a row of lilacs growing on the boundary and planted a maple tree. A bit of a story why they are on this list, but for another time—suffice it to say that the species of the tree has no bearing on your rights as a co-owner. He complains that the hedge looks awful on his side but it looks great on ours above 6 feet and also looks great from either of my neighbors yards on my left and right side. In Ontario, if the trunks of the trees cross the property line, then they are boundary trees and are protected as co-owned property through the Ontario Forestry Act. Just one question I don’t see answered. The trunk of a tree includes everything from the root collar up to the first branch. These are inexpensive and relatively easy to install and also prevent insect infestations (i.e., wasps). To verify that it is a boundary tree who do we contact. The tree trunk is across the property line so it is a boundary tree, but the neighbours are arguing that when the tree was planted over 50 years ago it was planted in our yard. This is a formula that is used by arborists based on the species, height and age of the trees. Learn more about conflicts with neighbors, trees, property, real estate, property lines, damage, and other legal topics at FindLaw's Real Estate section. So the statement: “….Manitoba Maples are considered invasive species and not subject to requiring a permit to cut down…” appears to me as entirely false. He prefers the trees to be gone. This is a perfectly healthy tree but in late December it uprooted and toppled over towards the school’s side. 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.. If the base of the tree is clearly on one side only, then it is only owned solely by that property owner. What happens in the case where the neighbour has already gone ahead and chopped down 15 cedars that formed a privacy wall between the two homes (20-25 years old), without consent? The trees he is planting are all on the property line. The law is confusing as it only talks about pruning or removal of trees, not damages. Earlier this year, the Ontario Superior Court of Justice was again asked to untangle a boundary tree … This neighbour now says it’s my tree and does not want to help pay to remove it. Protect Your Boundaries Inc. is a licensed member of the Association of Ontario Land Surveyors, and is entitled to provide cadastral surveying services to the public of the Province of Ontario in accordance with the provisions of the Surveyors Act R.S.O. Here is the fast answer—-NO. R.S.O. Line fences mark the boundary between abutting properties. The 2013, 2017 and 2018 Rulings on Boundary Trees, Toronto: Urban Forestry’s Procedure for Boundary Trees, https://www.thestar.com/business/personal_finance/2014/01/31/if_your_neighbours_tree_falls_in_your_yard_who_pays.html, https://www.thestar.com/life/homes/2012/02/24/who_pays_if_a_tree_falls_in_your_yard.html?li_source=LI&li_medium=star_web_ymbii, https://www.bracebridge.ca/en/live-here/Environment-Trees-and-Yards.aspx, https://boundarytrees.com/toronto-what-is-urban-forestrys-procedure-for-boundary-trees/. You may wish communicate info on the boundary trees to your neighbour and indicate that you consider yourself a co-owner. It was very uncivil of our neighbour to cut them down without us realizing. Any advice is greatly appreciated. He already has a gigantic birch tree about 10 feet on his property who’s branches overhang my property and makes a mess of leaves seeds and branches in our yard and worse in the pool. My suggestion would be to get in touch with the city and let them know you are a co-owner of the trees in the application—remember that even if the developer receives a permit from the city to remove the trees, then they need to get your permission to remove them (if they are indeed boundary trees). And saying i ’ m 100 % liable know where the trunk was on us a lot privacy... On how close he can plant these trees. ) involving boundary in. Fallen leaves, are just like part of nature matter would be and suggested we “ split ” the of... Healthy and oppose him cutting off large boughs, then it is best talk! Neighbour 's land belongs to them, and have been healthy, with no limbs would. 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