Neighbour’s Trees Overhanging my Property Ontario

What are my rights, and what should I do?

Neighbors’ trees overhanging my property in Ontario suburban neighbourhood

My neighbour’s trees overhanging my property — we often hear this from homeowners across Toronto and the GTA. Whether it’s falling branches, blocked sunlight, or concerns about property damage, overhanging trees can cause real frustration. In this guide, we’ll walk you through your legal rights, what steps to take, and how to handle the situation calmly, with your property and peace of mind intact.

Understanding the Law on Overhanging Tree Branches in Ontario

Certified arborists addressing neighbors’ trees overhanging my property in Ontario, trimming branches near shared fence line

In Ontario, property owners have the right to trim tree branches that extend over their side of the property line — but only up to the boundary. That means you can prune what’s hanging into your yard, but you can’t step onto your neighbour’s land or harm the tree in the process.

If the tree is a boundary tree (growing on the property line), both owners are considered co-owners under Ontario law. You can’t remove or severely trim it without your neighbour’s consent. This applies across the province and is especially important in suburban and rural areas where trees often sit along fences or lot lines.

Some trees — especially in cities like Toronto — may also be protected by municipal bylaws. These rules can apply to specific tree species, trunk sizes, or locations. If you’re unsure whether a tree is protected, it’s best to check with your local municipality before cutting anything back.

Emotional Stress and Neighbourly Tension

Worried Ontario homeowner dealing with neighbours' trees overhanging his property

It’s not just about limbs and leaves—tree disputes often carry emotional weight. We’ve worked with families that’ve gone years without speaking over a single branch. These situations can be especially tough in areas where neighbor ties run deep.
Start by talking. A quick chat over the fence can often prevent a more extended legal battle. But if conversations have broken down or you feel unsure, it may be time to involve a certified arborist. They can assess the tree, explain the risks, and offer a neutral opinion that both parties can trust.

Pruning Best Practices (and When to Hire Help)

Sarginson's tree services dealing with neighbours' trees overhanging his property

If you plan to trim overhanging branches, there are a few rules of thumb to follow. In Ontario, it’s generally recommended that you:

  • Avoid over-pruning — Removing more than 25% of a tree’s canopy at once can stress or damage the tree.
  • Use proper tools — Clean cuts help the tree heal and reduce disease risk.
  • Stay on your side—Never step onto your neighbour’s property to do the work unless you have written permission.

When to Take Action (And When to Document First)

Tree Removal Services Ontario

In some situations, you need more than a rake and a ladder. If a neighbor’s tree:

  • Drops debris that blocks your gutters
  • Casts too much shade on a vegetable garden or solar panels
  • Has large limbs hanging over your home, shed, or driveway

… then it’s time to take a closer look. But don’t act impulsively. First, take these steps:

  • Confirm your property boundaries (a survey can help)
  • Take photos of the overhang or potential hazards
  • Contact a certified arborist for an independent opinion

Learn more about our Tree Removal Services

ISA Certified Arborists. Toronto, GTA & Cottage Country

Trusted Tree Care Backed by ISA Certification

At Sarginson’s Tree Services, we don’t just show up with a saw—we bring certified expertise to every property we visit. Our team is fully insured and ISA-certified, which means we follow industry best practices and know how to protect your trees and peace of mind.
Whether you’re maintaining a family home or preparing a cottage for rental season, safety and appearance matter. We understand what Ontario homeowners—and their neighbours—expect, and we know how to spot hazards that lead to disputes, delays, or costly damage. From proactive inspections to careful pruning and safe removals, we help you confidently manage your trees.

The Role of a Certified Arborist

An ISA-certified arborist can determine if the tree poses a risk, whether it’s diseased, and your options. Their assessment can also serve as documentation if the situation escalates.
At Sarginson’s Tree Services, our team offers trusted, impartial evaluations that help resolve issues before they become legal problems.

Legal Responsibility if Damage Occurs

In Ontario, your neighbour isn’t automatically at fault if their tree damages your property. The law typically only holds the owner liable if negligence can be proven, such as ignoring a visibly dead or diseased tree.

If a healthy tree falls during a windstorm, it’s often considered an “Act of God” — and not grounds for legal action. But they could be held responsible if there were warning signs or if they refused to address your concerns.

That’s why early documentation and professional advice matter.

Neighbor’s tree overhanging my property Ontario causing storm damage after ice event

Municipal Support and Mediation Options

Some municipalities will get involved if a tree is clearly hazardous or requires a permit to remove or prune it. Others may offer mediation services or issue notices for non-compliance with local bylaws.
If you’re unsure where to turn, we can help you navigate your local bylaw or forestry department — or even file a report if needed.

Why You Should Avoid DIY Tree Work Near a Property Line

Cutting down limbs near fences, rooftops, or power lines can be dangerous. We’ve seen DIY jobs lead to costly repairs and fractured relationships.
Sarginson’s crews are insured, fully trained, and experienced in working around delicate boundaries. If you’re worried about an overhanging tree, let us handle the hard part — safely, professionally, and respectfully.

Final Thoughts: Protect Your Property, Keep the Peace

Professional pruning work on neighbors’ trees overhanging my property in Ontario

FAQ

Yes — but only up to the property line. You must not harm the tree, and you can’t step onto your neighbour’s property without permission. Consider hiring an arborist to do it properly.

You’re allowed to trim what crosses onto your property, but your neighbour isn’t required to do it unless the tree poses a real danger. Communication is key.

No. Unless the tree straddles the property line (a boundary tree), your neighbour has no right to cut it without your permission.

If damage occurs because the tree is diseased or dying and the owner ignored the warning signs, they could be liable. Document the issue and get an arborist involved.

In cities like Toronto, tree protection bylaws apply to certain species or trunk sizes. Always check your local rules or speak with a certified arborist.

It depends on your municipality. Toronto, for example, has specific urban forestry rules, which may be different in rural areas.

Yes — and if you’ve searched neighbors trees overhanging my property Ontario, you’re not alone. It’s a common concern; the answer often depends on your municipality’s bylaws.

A few branches can cause stress, but the right mix of communication, legal awareness, and expert support can resolve most neighbour disputes.
If you’re unsure what to do next, book an inspection with Sarginson’s Tree Services. We’ll walk your property with you, explain your options, and help you take action where it matters.

Need a Second Opinion? We’re Here to Help

Sarginson's Tree Services Ontario

Neighbour’s trees overhanging my property in Ontario — it’s a situation that doesn’t need to end in conflict or costly repairs. If you’re unsure what to do next, Sarginson’s Tree Services is here to help. From friendly advice to certified assessments, we’ll guide you through the following steps and help you protect your home, yard, and peace of mind.

Schedule Your Property Visit Now

This contact form is deactivated because you refused to accept Google reCaptcha service which is necessary to validate any messages sent by the form.