Neighbour's Tree or Storm Damage in Ontario: Who Is Responsible?
In Ontario, a tree whose trunk grows across the property line is the common property of both neighbours under the Forestry Act, and injuring or removing it without both owners' consent is an offence. When any tree falls in a storm, home insurance generally covers damage to your house, garage, fence or deck regardless of whose tree it was, and your insurer may pursue the neighbour if they were negligent. In London, large private trees and trees in protection areas can also need a City permit before removal, unless they pose an immediate safety threat.
This is general information, not legal advice. For a dispute, talk to a lawyer and your insurer. Here is what London-area property owners should know as the fall storm season arrives.
First: Safety After a Storm
Before you think about who is responsible, make sure nobody gets hurt:
Stay at least 10 m (33 ft) away from downed power lines and from any limb touching a line. London Hydro and the Electrical Safety Authority both give this warning.
Call 911, then London Hydro at 519-661-5555, if a line is down or a tree is in the wires.
Never prune a tree that is in or near power lines yourself. The Electrical Safety Authority advises keeping yourself and your tools at least 3 m (10 ft) from overhead lines and calling the utility.
Do not climb or cut hung-up trees or limbs under tension. These are dangerous even for experienced homeowners.
Take photos of the damage before anything is moved. Your insurer will want them.
Environment Canada issues weather alerts for wind and freezing rain, so it pays to watch the forecast and check your trees before a major storm.
Who looks after trees near hydro lines?
London Hydro trims trees within 3 m of its primary lines. The service line that runs from the pole to your house is the homeowner's responsibility, though. If a tree is growing into your service line, hire a qualified contractor; London Hydro can schedule a temporary disconnection so the work can be done safely.
Who Owns the Tree?
Trees on one property
A tree whose trunk is entirely on one property belongs to that owner. They are generally responsible for maintaining it.
Boundary trees
Section 10 of Ontario's Forestry Act says that every tree whose trunk is growing on the boundary between adjoining lands is the common property of the owners. Anyone who injures or destroys a boundary tree without the owners' consent is guilty of an offence. The Act sets penalties of a fine of up to $20,000, imprisonment of up to three months, or both.
In practice, that means you should not cut down, heavily prune or damage the roots of a shared tree without your neighbour's agreement, ideally in writing.
City trees
Trees on the City boulevard belong to the City of London. Report problems, including storm and wind damage, to London's Forestry Operations through Service London, at trees@london.ca or by calling 519-661-5783 on weekdays. Do not prune or remove a City tree yourself.
London's Tree Protection By-law
The City of London's Tree Protection By-law adds another layer for private trees:
A permit is needed to remove a "distinctive tree" on private property, which is a tree with a trunk diameter of 50 cm or more measured 1.4 m above the ground, inside the Urban Growth Boundary.
Inside a designated Tree Protection Area, trees of any size need a permit.
A dead distinctive tree needs a Dead Distinctive Tree Permit, supported by an arborist's opinion.
For a boundary tree, all owners must apply.
Exemptions include trees that pose an immediate threat to safety and pruning done according to good arboricultural practice.
Fines range from $500 to $100,000.
Our article on tree pruning and removal in London covers permits and timing in more detail.
Who Pays When a Tree Falls?
The Insurance Bureau of Canada (IBC) gives this general guidance:
Your tree falls on your house, garage, fence or deck: Who generally handles the claim: Your home insurer, usually including debris removal
Your tree falls on your neighbour's property: Who generally handles the claim: Your neighbour's insurer, regardless of where the tree came from
A City tree falls on your property: Who generally handles the claim: Your own insurer
A tree falls on your car: Who generally handles the claim: Your auto insurer, under comprehensive or all-perils coverage
A tree company damages your property: Who generally handles the claim: Generally the tree company
A few important details from IBC:
The tree itself is usually not covered. Insurance typically pays for damage to buildings and structures, not for replacing the tree.
Root damage is usually excluded. Gradual damage from roots to foundations or pipes is generally not covered.
Negligence changes things. If a tree was obviously dead or dying and the owner ignored it, the neighbour's insurer may pursue the tree owner. That dispute is then handled between the insurers.
The lesson: maintain your trees, keep records of inspections and work, and act on hazards when you see them.
How to Prevent Problems With Shared and Neighbouring Trees
Talk early. If a shared or neighbouring tree looks unhealthy, raise it with your neighbour before a storm does.
Get a professional assessment. An ISA Certified Arborist has passed a comprehensive exam and keeps up with continuing education. Certification is voluntary and does not guarantee quality, but it is a useful sign of training.
Put agreements in writing. For pruning or removing a boundary tree, a signed note from both owners avoids misunderstandings.
Check permits. Distinctive trees and trees in protection areas need a City permit before removal in London.
Hire insured contractors. Ask for proof of liability insurance and WSIB coverage before any tree work.
Watch for warning signs: dead limbs, cracks in the trunk, mushrooms at the base, leaning trees, or ash trees killed by emerald ash borer. See our guide to removing dead ash trees safely.
What to Ask a Tree Contractor
Storms bring out door-knockers offering quick cash removals. Before you let anyone start a chainsaw on your property, ask:
Can you show proof of liability insurance and WSIB coverage? IBC notes that damage caused by a tree company is generally the company's responsibility, which only helps if the company is insured.
Will you check whether a City permit is needed?
What exactly is included? Removal, stump grinding, debris haul-away and lawn repair are often priced separately.
How will you protect my house, fence and lawn?
Can I get the quote in writing?
After the Storm: Cleanup Checklist
Stay clear of lines and call 911 and London Hydro if needed.
Photograph damage from several angles.
Call your insurer before major cleanup.
Report City trees to Forestry Operations.
Check whether the tree is a boundary tree or a distinctive tree before removing it.
Book an insured tree crew for removal, stump grinding and debris haul-away.
Repair lawn ruts and fill stump holes with topsoil and seed or sod.
FAQ
Who owns a tree on the property line in Ontario?
Under section 10 of Ontario's Forestry Act, a tree whose trunk grows on the boundary between two properties is the common property of both owners.
Can I cut down a tree on the property line?
Not without your neighbour's consent. Injuring or destroying a boundary tree without the owners' consent is an offence under the Forestry Act, and London's Tree Protection By-law may also require a permit.
My neighbour's tree fell on my house. Who pays?
According to the Insurance Bureau of Canada, you generally claim through your own home insurance, regardless of where the tree came from. Your insurer may pursue the neighbour if they were negligent.
Does home insurance pay to remove a fallen tree?
Policies generally cover damage to buildings and structures from wind, including debris removal, but usually not replacing the tree. Check your policy and call your insurer.
Do I need a permit to remove a storm-damaged tree in London?
Trees that pose an immediate threat to safety are exempt from London's Tree Protection By-law. Other distinctive trees (50 cm or more in diameter) and trees in Tree Protection Areas generally need a permit.
Who do I call about a fallen City tree in London?
Contact London's Forestry Operations through Service London, at trees@london.ca or 519-661-5783. If wires are involved, call 911 and London Hydro first.
Need a Tree Removed or Cleaned Up?
SPM Landscape & Excavation has handled tree trimming, removal and storm cleanup around London since 2006. We are WSIB covered with $1 million in liability insurance. Learn about our services and read our testimonials, then call (519) 474-0008 or email spmlandscape@gmail.com for a free quote.
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