Who Owns a Tree on the Property Line in Ontario?

Short answer: In Ontario, a tree whose trunk grows across the property line is generally considered to belong to both owners, and it shouldn’t be removed or seriously damaged without the neighbour’s consent.

Boundary Trees

Ontario’s Forestry Act treats a tree whose trunk grows across the boundary between two properties as common property of both owners. Injuring or destroying a boundary tree without the other owner’s consent can be an offence. So if the trunk straddles the line, talk to your neighbour before any removal.

A Tree on Your Side

If the whole trunk is on your property, the tree is generally yours, even if branches hang over the fence. Branches over your side from a neighbour’s tree are a different question. See can I cut my neighbour’s branches?

Practical Steps

• Check where the trunk actually is. Your property survey helps.
• Talk to your neighbour early. Most of the time, they’re happy to share the job.
• Get agreement in writing if it’s a boundary tree.
• Check City permit rules as well. See permits.

This is general information, not legal advice. For a dispute, speak to a lawyer or the City.