Property trees are a big topic with homeowners. More specifically, they want to know who owns them.

In brief, they are classified in 3 different ways which are: private trees, private boundary trees, and public boundary trees.

Private Trees: These trees are wholly owned by the property owner and subject to local bylaws. Just because the tree is wholly owned, it is not safe to assume that you can remove it or cut it down without following the proper processes in your municipality.

Private Boundary Trees: These trees are on the boundary between your private property and your neighbor’s private property.

Public Boundary Trees: These trees are on the boundary of a private property and a public property.

If there is a tree on your property and the trunk crosses the boundary by even a few centimeters, you don’t have sole ownership of the tree. The tree is considered a boundary tree and is therefore jointly owned and should be treated as such. The Ontario Forestry Act dictates that you cannot cut a boundary tree down without the consent of both parties. Just because you want the tree removed as it might be a “nuisance”, beware. Failing to follow the rules could result in costly court expenses.

In some cases, trees can be considered historical evidence when land surveyors are determining a property boundary. Tree lines were often planted to mark property boundaries when they were first being established. It’s important not to remove any trees on properties that haven’t been surveyed for this reason.

If you need help determining the ownership of your trees, we’re here to help with a wide variety of services.