Is Your Tree A "Border Tree" Or A "Straddle Tree" Or Is It Just Plain Old Neighbourly Love – Not Likely?

As with all aspects of environmental law, the law turns on the facts. The law of trees is no different. And, it is often the technical advice of arborists about certain aspects of a specific tree that drives how Courts decide tree disputes among neighbours. One common situation that leads to disputes between neighbours is where a tree straddles the property line. Another is where the tree is entirely on one property with its roots across or its 'drip line' hanging over the property line. In some cases, an opinion from an arborist may be helpful to define which it is. In the end, Courts are called upon to referee these not so neighbourly disputes!

In Ontario, there are two primary statutes governing trees. One is Ontario's Municipal Act, 2001 and the other is Ontario's Forestry Act. The Municipal Act, 2001 sets out municipal by-law making powers about the destruction or injuring of trees. The Forestry Act defines ownership of trees situated on boundaries and also sets