Fallen Trees on Your Property (Ontario): Who’s Responsible & How Your Land Survey Can Help

A fallen tree can be a stressful situation for homeowners. The aftermath is enough to send a person spiraling with questions about what to do next. Who removes the tree? And if there is damage, who is responsible?

First, take a deep breath, then continue reading this article on what to do when a tree falls on your property.

Determine who owns the tree

The first thing you will want to do is grab a copy of your survey plan. Do not rely on existing fences or other markers. Your survey plan can help you confirm the location of the trunk of the tree in relation to your property line. If it is too close to tell, you can hire a licensed Ontario Land Surveyor to stake the property line.

Don’t have a land survey? Protect Your Boundaries (PYB) can help you obtain a legal copy of your land survey quickly. Visit our website and enter your municipal address to see existing plans for your property.
Have a Boundary Tree?
If the trunk touches both properties, it is a jointly owned tree, and decisions/costs are shared by the property owners. More on boundary trees

If it was your tree

Call your home insurance provider and inform them of the fallen tree if you think it is necessary to make them aware of any damage to your property. Take photos of everything that will support an insurance claim if you think you might have to make one.

You will be responsible for making the area safe by arranging the removal of the tree with a professional. Be sure to take photos and keep receipts. If anything was damaged, like your roof, fence, or shed, your home insurance may help; however, if there was no damage caused, you will likely be responsible for the costs of cleanup.

If it was your neighbour’s tree

Let your neighbour know right away and share photos showing where the trunk stood and what (if anything) was damaged. Your survey plan can also be helpful here if your neighbour denies ownership of the tree. As the tree’s owner, they are expected to arrange and pay for removal, including debris on your side. Keep things polite and in writing; save dates, photos, and receipts. If repairs are needed, your home insurance may be part of the solution.

If it fell from vacant land and the owner is unknown

You’ll need a name and address before anything else. The fastest way is a Parcel Register for that lot. This document lists the current registered owner and the legal description of the property.

PYB can help you obtain the Parcel Register quickly. Once you have an owner, send a short, dated letter with photos asking them to remove the tree and address the damage. If reaching them is tricky, your municipality may be able to help by forwarding a notice to the tax roll address.

When the owner doesn’t act

Keep calm and start with a paper trail. Photograph the stump location, fall path, and any damage; save invoices; and keep copies of dated emails or letters. File your land survey with those records, as it confirms the boundary and the tree’s location. If there’s an ongoing hazard, contact your municipality; property-standards/by-law officers can order cleanup within a reasonable timeframe. If costs remain unresolved, you can pursue recovery in Small Claims Court (up to $35,000 in Ontario).

Where PYB fits in (and speeds things up!)

We make the “who owns what” part simple so you can move forward confidently:

Find the line: Access to existing land surveys.
Find the owner: Parcel Register lookups with knowledgeable, fast support.
Make it clear: We’ll help you read plans/title and obtain any property information you may need.