Unfortunately, you don't get to pick your neighbours; it's a roll of the dice as to whether you get one that you see eye-to-eye with or not.
That being said, even if your neighbour is agreeable, chances are, you won't see eye-to-eye on everything. A common thing that neighbours commonly argue over is the presence of trees with overhanging branches.
Today's blog post will answer the question, "what can I do if a neighbour's tree is damaging my property in Ontario?”. Today's post will also teach you how to address potential property damage caused by a tree that's located on a neighbouring property.
Continue reading to learn more.
What can I do if I think my neighbour's tree is damaging my property in Ontario?
As tempting as it may be, you aren't legally allowed to remove a tree from a neighbouring property, even if a large portion of it is infringing on your property.
Instead of removing the tree and potentially putting yourself in legal hot water, we suggest trying the following guide:
Step #1 — Have an honest conversation with your neighbour
Are you worried that your neighbour's tree is going to damage your home or other components of your property? If so, the first thing that you should do is have an honest, polite conversation with your neighbour about the issue.
While chatting with your neighbour, be sure to clearly outline why the tree needs to be removed (or thoroughly cut back) and explain the various risks involved with said tree.
For instance, you notice that one of the trees on your neighbour's property has signs of visible damage and is starting to lean toward your home. If a strong gust of wind hits the tree, there's a high chance that the tree could collapse onto your property. In this scenario, you would need to let your neighbour know that the tree poses a viable threat to you and your family members.
Step #2 — Put your concerns and plans in writing
If your neighbour chooses not to cooperate with you, the next potential step is to put your concerns and plans in writing.
Take the time to thoroughly re-explain why the tree poses a threat to your family, home, property, etc. Additionally, make sure that you include any potential legal actions that you are willing to take to have the tree removed.
Depending on your neighbour's response, there are two different steps that you can take: hire an arborist or take legal action.
*You can move to the next step if your neighbour is willing to remove all or a portion of the tree from their property.*
Step #3 — Hire an arborist
If your neighbour cooperates with your request, the next logical step is to hire a professional arborist.
A professional arborist can inspect the tree for signs of severe damage and can suggest whether your neighbour's tree can be pruned or if it needs to be removed completely. The arborist can then prune or remove the tree from your neighbour's property.
This leads to the question, "who pays for the arborist if my neighbour's trees are overhanging my property?". In this scenario, your neighbour is financially responsible for removing the tree due to the fact that it's located on their property. However, since your neighbour is helping you out, you can offer to cover or share the cost of removing the tree.
Step #4 — Take legal action
If your neighbour remains uncooperative after your in-person conversation and letter, you may need to take legal action to have the tree removed.
As an insurance brokerage, we are more suited to provide insurance-related advice, not legal advice. If you need to take legal action against a neighbour due to an overhanging tree, we suggest reaching out to a lawyer at your earliest convenience.
What can you do if a neighbour's tree damages your property?
Many policyholders come to us wondering, "what can I do if a neighbour's tree is damaging my property?" or "how should I proceed after a neighbour's tree damages my property?".
For starters, make sure that you and your family members are safe. Afterwards, take photos of your home. Make sure you photograph all aspects of property damage related to the fallen tree.
Lastly, take multiple photographs of the fallen tree (make sure that the photos indicate how close the tree was to your property/the property line). When you file an insurance claim, you can submit these photos to your insurance company or Surex insurance broker. Most standard home insurance policies cover damages related to fallen trees and tree branches, regardless of the tree's location.
FAQ
Here are some commonly asked questions about overhanging trees on neighbouring properties:
Who is responsible for cutting overhanging tree branches in Ontario and why?
If your neighbour's tree branches are infringing your property, you have the right to prune said branches. While pruning the tree limbs, ensure that you don't physically remove any parts of the tree on your neighbour's property.
You can remove the tree branches yourself or hire a professional arborist to take care of the task for you.
What can I do if my neighbour's tree roots are damaging my property in Ontario?
If your neighbour's tree roots are damaging your home's foundation, plumbing, etc., then you need to contact a professional arborist as soon as possible. A professional arborist can help you figure out what steps to take.
If my tree falls on a neighbour's house, who is responsible in Canada?
You will be responsible for the damages if a neglected tree falls on a neighbour's home or property. On the other hand, if the tree isn't neglected in any way, shape or form, you will not be responsible for the damages. In contrast, your neighbour will need to file a home insurance claim.
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