Overhanging Trees and Shrubs

If you are concerned about the branches of a tree or shrub overhanging your property or growing through the fence from an adjoining property there are a number of things to

consider: First of all, you need to know who owns the tree or shrub. If the tree or shrub belongs to the municipality there may be by-laws in place that prohibit anyone from cutting or trimming the tree or shrub. Doing so in contravention of the by-law could result in fines being levied. If the tree or shrub overhanging your property belongs to a private property owner, you may be entitled to remove the offending branches by relying upon the basic premise that ownership of land extends upward and downwards from the property boundaries to the depths of the earth and the heights of heaven. Based upon this premise, anything overhanging the property boundary or growing under the property boundary becomes the property of the owner of the land. Therefore, you may be entitled to remove overhanging  branches from your neighbour’s tree or shrub. However, before resorting to this, or any other self-help remedy, you ought to consult with a lawyer and consider the effect such action may have upon your relationship with your neighbour.

You should also be aware of that the same remedy may apply to any trees of yours that overhang or grow onto your neighbour’s property.