In Toronto, the City’s Municipal Code Chapter 813 sets out rules and regulations for tree pruning and cutting. Property owners have the responsibility of maintaining their trees, including pruning them when needed or when they pose a risk to property or safety.
Neighboring property owners have rights to pruning trees where they overhang the property line, subject to some conditions. Below are some legal rights that neighboring property owners have with regards to tree pruning in Toronto.
Tree Pruning and Property Lines
If a tree is on one property, but its branches or roots extend onto a neighboring property, the neighboring property owner has the right to prune the branches, roots, and foliage up to their property line.
According to Toronto’s Municipal Code Chapter 813, the property owner’s responsibility to prune overhanging trees within the city cannot be transferred to the City. Therefore homeowners are responsible for pruning tree limbs that extend over private property to their boundary.
Pruning and Tree Health
Property owners can prune their tree’s branches at any time of the year, though the best time to prune is during the dormant season (late fall, winter or early spring). However, it depends on the type of tree, and sometimes summer pruning may be appropriate. Pruning time to remove dead, damaged, or diseased branches should be done immediately it’s evident.
To ensure that you’re not pruning your neighbor’s tree, it’s essential to know the tree’s precise location and ownership. The City of Toronto offers a property search tool on their website that provides land and property information, including property boundaries.
Disputes and Legal Action
In most cases, disagreements between neighbors about tree pruning can be resolved through amicable discussions. When a neighbor prunes or cuts down a tree on your property without permission, this may result in legal action. Hence it is essential to know the applicable laws in such a case.
It’s also worth noting that property owners should not prune or cut down city-owned trees without authorization as it can result in hefty fines. Under the City’s Municipal Code, fines of up to $100,000 can be imposed for damaging city-owned trees. Penalties for cutting down city-owned trees include paying the property tax equivalent to that of an undeveloped green space.
Conclusion
In summary, Toronto’s Municipal Code Chapter 813 defines the rules and regulations for tree pruning and cutting, with property owners having the responsibility for maintaining their trees. Neighboring property owners can prune tree branches that extend over their property line but subject to some conditions. You should be aware of the exact location and ownership of the tree before you take the pruning action to avoid any misunderstandings. All parties must ensure they are aware of the applicable laws regarding tree care and adhere to appropriate methods.