Whose Responsibility Is it to Pony up the Green for a Fallen Tree?
If a tree falls in the forest and no one is around, does it make a sound?
Better yet, if a tree falls in your yard, do you?
With all the snow and ice we’ve seen over the winter of 2015, there are sure to be several trees that will fall. But what happens if that falling tree damages your property—be it your house or your car? Who pays for that?
Whose tree is it?
First off, let’s look at whose responsibility the tree is.
According to the Forestry Act of Ontario, if a tree is on your property, it is yours. If you own a tree whose trunk is between two properties, then it is jointly-owned by both neighbours. This means that you both have the right to trim any branches, etc. that fall on your side of the property. Note that if the entire tree is on your neighbour’s property, but the branches extend onto yours, you have the right to trim them, as long as you are not doing any damage to the tree or go onto your neighbour’s property to do it (unless of course, you have their permission).
But what about the roots?
The roots are where things get a little trickier, as removing or cutting the roots of your neighbour’s tree can most certainly damage the tree, even if the roots are on your property. A general rule of thumb observed in most cities is that where you can dig is dependent on the diameter of the tree’s trunk. Most cities will allow you to dig within a certain distance from the trunk. In Toronto, if the trunk is less than 30 centimetres, you can usually dig two metres from your neighbour’s tree trunk.
If a tree falls in my yard, can I make a sound?
If a tree falls on your property, the first consideration is who claims ownership of the tree. If it’s yours, then you (or potentially your insurance) are on the hook. But what happens if a tree in your neighbour’s yard falls onto your property, or worse, house?
If a tree falls onto and damages your property, the most important things will be to determine whether the tree was healthy, and whether or not you can show proof that you warned your neighbour to remove it if it was dying. Precedent states that you cannot sue your neighbour if the tree was healthy, and instead need to speak with your insurance company about what kind of coverage you have for this event, if any.
However, if the tree was dying, and you can prove that you warned them to remove it before the damages occurred, then you could successfully go after them for any damages incurred. This is why it is very important to be aware of any trees around your home and to look for signs that they may be dying.
Who can I talk to?
If you have questions about trees on your property, or your neighbour’s, and whether or not they are dying, you can always hire a certified arborist to come and look at them. You can find a list of arborists in your area here. If you have any other questions, call your insurance company or your city.
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