The recent ice storm in the Toronto area resulted in much
damage, often caused by falling trees or branches. Following find
an introduction to legal issues concerning trees in urban areas:
What Law Applies To Trees?
Trees are subject to the common law concerning property and
nuisance as interpreted by court decisions and modified by
provincial statutes such as the Forestry Act and municipal by-laws
such as Toronto's Tree Bylaw.
Who Owns The Tree?
The majority of the trees in the Toronto Region are privately
owned. A recent case held that if any part of the trunk, even below
grade, straddles 2 properties, the tree is owned by both parties.
In the City of Toronto, about 40% of all trees are publically
owned, located in parks and along road allowances.
