Neighbours Tree Damaging My Property in Ontario: What to Do

3 minutes can save you hundreds. Enter your postal code below and join thousands of Canadians saving on home insurance.

Secure. No Spam. No Fees.

Why Use MyChoice

MyChoice.ca is an independent platform that helps Canadians find their best insurance options and make informed financial decisions. Our service is free to use. We may earn a commission from some providers when you buy a policy, but it never affects the price you pay or how products are reviewed. To help ensure accuracy, our content is researched and reviewed by licensed insurance professionals before publication.

First published on November 02, 2023

4 minute read

✎ Updated By Vitalii Starov on September 24, 2026

MyChoice follows a strict content review process designed to ensure reliable and unbiased information.

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

SituationWhat to do nowWho 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 damageWhat changesPractical 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

With over 7 years in the insurance industry, Matt focuses on home and life insurance, offering sharp analysis and insights on underwriting trends, coverage structures, and how market changes impact consumers.

Congratulations! You made it to the end!

Now, here is the easy part: complete your quote in under 2 minutes

Discover More About

October 22, 2026
Which heating systems cost more to insure? See how oil, electric, propane, heat pumps and hot-water systems compared with gas in Ontario quotes.
October 7, 2026
Learn how jewellery limits work under home and tenant insurance, when to schedule engagement rings and watches, and what records to keep for a claim.
September 28, 2026
Learn how identity theft and personal cyber insurance protect homeowners, what each option covers, typical costs and what to do after online fraud.

Even More Ways To Save on Insurance