Neighbours Tree Damaging My Property in Ontario: What to Do

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Picture of By <span>Matthew Roberts</span>
By Matthew Roberts

Updated on July 31, 2024

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Picture of By <span>Matthew Roberts</span>
By Matthew Roberts

Updated July 31, 2024

Visit author page

4 minute read

Article Contents

One of the challenges that every Ontario homeowner faces is maintaining their property, including their landscaping like turf and trees. You may be doing what you can to keep your property safe and orderly, but what happens when your neighbour’s trees start encroaching on your property and causing damage?

Fallen Trees and Home Insurance at a Glance

  • If your neighbour’s tree was neglected and its poor condition caused it or part of it to damage your property (e.g. by a fallen branch), then they may be liable for the damages they caused you.
  • You might be allowed to trim branches overhanging onto your property without asking for their permission as part of the “self-help” rule, but causing damage to the tree might lead to legal consequences.
  • Property owners are responsible for maintaining trees on their property, and there are only a handful of reasons why removal or injury will be allowed under Ontario’s tree protection laws. Prune your trees regularly and hire professionals to remove dead or rotting trees.

If your neighbour’s tree is in danger of damaging your property and you’re wondering how to handle this issue, read on. We’ll explain who’s responsible for damage caused by fallen trees and give tips to peacefully resolve the situation with your neighbour.

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Are Fallen Trees Covered by Home Insurance in Ontario?

Damage caused by fallen trees and the cost of their removal are covered by your Ontario home insurance if they fall due to natural events like storms. However, if the tree is on your neighbour’s property and it was not properly maintained by your neighbour, then they will be liable for the damages and cost of removing it from your property.

Note that if the tree fell on your property without causing any damage, your home insurer will not be liable for the cost of removal. You will generally be responsible for shouldering those costs.

What Do I Do if My Neighbour’s Tree Might Damage My Property in Ontario?

Is your neighbour’s tree in bad shape and likely to cause damage without intervention? Here’s what you can do to protect your home without running into legal problems:

Respect the “self-help” rule, but do not harm or remove the tree if it hasn’t fallen yet:

The self-help rule allows you to trim branches from your neighbour’s tree that are hanging over your property. However, remember that it’s not your tree and you’re not legally allowed to remove the tree or harm it. If you can’t trim without causing significant damage, leave it alone and raise the issue with your neighbour.

If the tree has already fallen and damaged your property, document the damage:

Take videos and photos of the fallen tree with clear timestamps. This will be important for establishing liability and resolving the conflict later on – and may be used as evidence if you need to go to court.

Consult an arborist to determine if the tree was a hazard:

Reach out to a professional, certified arborist to check the fallen tree’s condition and what may have contributed to its fall.

Take these findings to your neighbour along with a request to cover damages:

Provide your documentation that their tree was a hazard and ask them to cover the cost of damages and removal. Keep a copy of your request and documents in case you need it later.

What to do when trees become a nuisance

Dispute Resolution May Help with Your Tree Woes

Dispute resolution is another option you can try before filing a legal claim for damages. It helps people come to a solution that saves them time and money compared to a court case.

There are three common methods of dispute resolution:

Simply put, this is when you and your neighbour directly discuss an issue and can agree to whatever terms you both work out. You are not required to involve a third party, but you might ask an experienced negotiator like a counsellor or lawyer to assist you or negotiate on your behalf.

This involves an impartial third party known as a mediator to facilitate a conversation, explore possible solutions, and help both of you come to a mutually satisfying solution. The cost of mediation will be shared by you and your neighbour and participation is voluntary.

When you can’t work out a solution through negotiation or arbitration, you may both agree to submit the issue before a neutral person or party known as an arbitrator or arbitration panel. An arbitrator will then decide on costs and liability based on the facts and applicable laws. Note that an arbitrator’s decision may be final and binding, limiting your option to appeal.

While these options may use up some time and money, they are still more flexible and offer you more control than going through legal proceedings. Consult a legal professional to learn more about these options to settle with your neighbour out of court.

Basics of the Forestry Act of Ontario

Key Advice from MyChoice

  • Talk to your neighbour before doing anything to the tree. Raise your concern about why the tree needs to be trimmed (or removed, if it has already fallen) and what risks it poses to your property. For example, if the tree has been damaged by wind or lightning and is near your home, explain to them the damage it could cause to your roofing or the potential injury to your family and passers-by.
  • If you and your neighbour can’t decide what to do about the tree and your property at the moment, suggest another day to reconnect and work it out. Taking a break can diffuse stress and help both of you think of solutions.
  • Dispute resolution is a good alternative to bringing an issue to court if neither of you can agree on what to do. It will encourage you and your neighbour to work together on a solution that satisfies everyone so your neighbourly relationship is maintained or even improved.
  • Prioritize safety when dealing with fallen trees. In case a tree is in danger of falling on your property or has fallen on your power lines, make sure no one is near it and notify emergency services. Turn off your power if the lines are damaged to avoid risks like an electrical fire.

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