15/05/2026
The NeighbourGOOD Law
"Common Law of Neighbourhood Act"
Property owners own trees planted on their land, but are liable if roots or branches cause damage or unreasonable nuisance to neighbors. Neighbors have the right to trim encroaching branches/roots up to the property boundary line, often returning cut debris to the owner. Direct communication and shared responsibility are preferred over legal action.
Key Aspects of Boundary Tree Law
Ownership: The owner of the land where the tree's trunk grows is the owner of the tree.
Encroachment Rights: You may cut branches or roots that cross your property line back to the boundary, but you cannot enter the neighbor's property to do so.
Duty of Care: You must not damage the health of the neighbor's tree when trimming.
Damage/Nuisance: If a neighbor’s tree causes actual damage (e.g., roots destroying a wall), they are liable. If the tree is merely a minor nuisance (e.g., leaves falling), courts may not consider it actionable.
Prior Notice: While there is a common law right to cut, it is highly advisable to notify your neighbor before cutting branches.
Protected Trees: Before removing trees, check if they are protected by local municipality bylaws or a Tree Preservation Order.
Steps for Disputes
Communicate: Discuss the issue with the neighbor to find a amicable solution.
Trim: Trim only the parts overhanging your property.
Legal Action: As a last resort, seek a court interdict or demand compensation for damages.
