Tree Ownership and Responsibility

It's your tree if its on your property.

Tree ownership doesn’t just change randomly. Its based on where the trunk sits in relation to the property line, not who has been maintaining it for years. If the trunk is fully on your side, it’s your responsibility; if it crosses the property line, it’s considered a shared boundary tree and both neighbours are jointly responsible for removal costs. The final decision usually depends on your property survey and local city bylaws, especially if a permit is required.

Property line will define responsibility. If it’s on your property you will be the owner and responsible. If you like your neighbour you might include them in your decision to remove, and definitely explain property line to them before removing. You should be able to find a lot plan with the city, that will define property line. This can be an odd line due to semi-detached home. Enjoy!

Most likely it was never the neighbors tree always yours hard contest city determination of ownership

This is a common question, especially in tight neighbourhoods or semi-detached homes where fences and lawn areas do not always clearly match the legal property line. The short answer is: the tree likely did not “change ownership.” as many has mentioned here already. It may have always been considered yours based on the actual property line, even if it visually appeared to belong to your neighbour for many years. In many municipalities, tree ownership is determined by where the trunk is located in relation to the legal property boundary, not by who has maintained it historically or where a fence appears to be. If the majority of the trunk is on your property, the tree is usually considered yours. If the trunk is directly on the property line, it is then considered co-owned by both neighbours. If the majority of the trunk is on your neighbour’s side, then it would typically be their tree. A common issue is that visible markers such as wooden fence boards, wire fences, hedges, or lawn edges do not always accurately define the legal property line shown on a survey. Over time, fences may be installed slightly off the boundary, or property lines may simply be misunderstood. The city inspector is usually making their determination based on the city’s survey of the property line and the location of the tree trunk. However, the most reliable way to confirm responsibility is to review an up-to-date property survey or have a new survey completed if the existing one is outdated or unclear. This may also be a good time to update the house footprint survey so both properties have a clear understanding of the actual boundary. If the fence line does not match the legal property line, it may be worth discussing with the neighbour and adjusting expectations accordingly.

Tree ownership does not usually change simply because time has passed. In most cases, ownership is determined by the location of the tree trunk in relation to the property line, not by who has maintained the tree over the years. If the trunk is entirely on one property, that property owner is generally responsible for the tree. If the trunk straddles the property line, it may be considered a shared tree, and both property owners may have rights and responsibilities. If there is a disagreement, the best next step is to confirm the property line with a current land survey or consult your municipality for guidance. If the city has determined the tree belongs to your property, ask them to explain the basis for that decision and provide any supporting information. This can help clarify responsibility before any removal work is undertaken.