What should you do if a neighbour’s tree poses a safety risk or damages your property? Is it an insurance claim, and who can prune or remove the tree?
To separate the safety, property and insurance questions, we reviewed Ontario’s Forestry Act, Insurance Bureau of Canada’s tree-damage guidance, the Electrical Safety Authority’s power-line guidance, and the City of Toronto’s tree-permit rules.
Here’s what we cover in this guide:
- What should my first steps be?
- What happens if the tree is on the property line?
- When does tree damage lead to an insurance claim?
- If it’s not clear who is responsible, what kind of information would be helpful?
What Can You Do If A Neighbour’s Tree Is Damaging Your Property In Ontario?
Liability depends on the circumstances because neighbours aren’t automatically responsible for tree damage. A key question is whether they knew or should have known the tree was being a hazard and ignored it.
For your own safety, stay away from the damaged area. From a safe position, you can take pictures of the damage. If the damage is sudden, contact your insurer immediately. Don’t go onto your neighbour’s property without permission. You also can’t remove trees on the property line without their permission. Talk to a qualified arborist before trimming large branches or major tree roots. Before trimming heavily, check your city’s rules on tree-protection permits.
What To Do If The Tree Is An Immediate Hazard
| Situation | What to do now | Who to contact |
|---|---|---|
| A branch is near an overhead line | Make sure everyone stays at least 3 metres away from the branch and overhead line. Don’t prune the tree, use a ladder, or use any tools around it. | The local electricity distributor |
| A line is down or may be energized | Keep at least 10 metres away from the line and assume the line and nearby ground are live. | Call 911 and the local electricity distributor |
| The tree has damaged your house or another insured structure | Keep bystanders away from the damaged area. If it is safe to do so, take pictures, take steps to prevent further damage and save receipts for expenses. | Call your insurer or broker first, followed by qualified repair and tree professionals. |
| A tree appears unstable but has not fallen | Never stand underneath the tree. Document the tree’s condition and schedule an arborist to evaluate it. | This may involve the owner, the municipality if it is a protected tree or a hazard to the public, and an arborist. |
Is It Your Neighbour’s Tree Or A Boundary Tree?
| Tree or damage | What changes | Practical next step |
|---|---|---|
| Trunk is wholly on the neighbour’s land | Self-help is subject to certain limits, and it must not amount to trespass or cause unlawful damage. The tree is your neighbour’s tree, but its branches and roots may encroach onto your land. | Check the boundary. Check local rules and regulations and get advice from an arborist before substantial work. |
| Trunk grows on the boundary | According to Ontario’s Forestry Act, a boundary tree is the property of both owners. Without the consent of both owners, it is against the law for either neighbour to damage, destroy or injure the tree. | Before pruning a tree in a way that may injure it, get written consent. Before cutting or trimming a boundary or neighbouring tree, check your municipality’s permit requirements. |
| Tree roots interfere with your drains, service line or driveway, or cause foundation damage | Damage resulting from slow decay is generally not covered, but an optional service-line endorsement may cover some underground service-line losses. The cause and timing of the damage will affect coverage. | Ask your insurer what property damage is included and check your policy wording. Get a suitable contractor to establish what caused the damage. |
| The tree fell on a vehicle | Vehicle damage is not ordinarily covered under a home insurance policy, but comprehensive or all-perils auto insurance may respond. | If it is safe to do so, take photos before removal. Contact your auto insurer. |
Although this is a summary of Ontario’s general tree laws, each municipality has its own rules about neighbouring trees. For example, the City of Toronto protects many private trees, all street trees and trees in ravines or natural features. Other cities have different size requirements, permit rules and exemptions. Always check the rules that apply to your property.
Does Home Insurance Cover Fallen Trees in Ontario?
What if the tree damages your home or other structures? Depending on your home policy’s limits, deductibles, covered perils and exclusions, you may be covered for physical damage caused suddenly by a falling tree, wind or lightning. There may be a limit on debris-removal coverage or conditions for coverage. Clearing a standing tree because it may fall and cause damage usually isn’t an insured loss; it’s maintenance.
What should you do? Call your insurer. According to the Insurance Bureau of Canada, if your neighbour was negligent, your insurer may be able to recover from them through a process called subrogation. Don’t let efforts to obtain compensation from your neighbour delay your insurance claim.
Read More: See How Personal Liability Insurance Works
Build A Record Before The Dispute Gets Worse
If you think you’ll end up in a dispute over the tree, gather direct evidence. Take pictures and videos that show the date and time, including:
- The entire fallen tree
- The trunk and its location
- Any property the tree damaged
- Any readily apparent decay
- Any other fallen material
- The surrounding area
Also include documentation of any conversations, warnings, repair quotes, invoices, weather alerts, and municipal or utility file numbers.
Hire a certified arborist to inspect the fallen or damaged tree and determine what may have caused it to fail. This person can identify the species, note any readily apparent defects, assess whether the situation was urgent, confirm proper work practices and determine whether pruning could damage or destabilize the tree.
This person cannot determine insurance coverage or who is at fault. However, their input may provide valuable evidence if your situation ends up before a judge.
Read More: Learn How to Work With a Home Insurance Claim Adjuster
How To Notify Your Neighbour In Writing
Your tree notice should be short. Explain which tree you’re referring to, its location and its condition. Enclose dated photos or the outcome of an arborist/authority’s assessment.
Include your contact details, ask for a response and allow a reasonable amount of time. Don’t accuse your neighbour of being negligent before you have the facts. If the situation is urgent, explain why and who else you’ve notified.
Keep a copy for your records and get confirmation that your neighbour received the letter. This doesn’t necessarily mean they’ll be deemed negligent, but it can clarify what the tree’s owner knew about its condition.
Dispute Resolution May Help With Tree Disputes
Where a dispute exists, dispute resolution may be quicker and cheaper than going to court, and talking to your neighbour may help. Options include:
- Mediation, where a neutral person helps the owners reach an agreement.
- Arbitration, involving an arbitrator who has the authority to decide the dispute. Check the process, cost and right of appeal before agreeing to proceed.
Get in touch with a lawyer:
- if you’re not sure who owns a tree;
- where work could destroy a boundary tree or affect a protected tree;
- where the damage is substantial; or
- if your neighbour disagrees with your view of responsibility even after you provide expert evidence.
This article provides general information, not legal advice.
Read More: Learn About Home Insurance in Ontario