[CANUFNET] Municipal tree ownership/responsibility

Tue Dec 20 10:48:00 EST 2011

Terry,

Thanks for pointing this out, as it poses an interesting challenge to how
communities might define 'ownership' of trees. 

Clearly this isn't a legal analysis (as I'm not a lawyer), but it seems to
me that none of the by-law or policy definitions of tree ownership, as
defined by municipalities, are actually framed under this legislation, and
this appears to be the only law in Ontario that actually addresses how tree
ownership should be determined. The disconnect seems to be that a
municipality can't actually claim 'ownership' over a tree if any part of it
is on a boundary line; by definition these trees are 'common property' and I
would think that both owners have equal rights to the tree. In practice, I
can only see this becoming an issue if the tree is scheduled for removal by
municipal crews without the co-owner's consent. I suppose this is why the
City of Toronto and others request sign-off before they undertake
maintenance on shared trees.

An interesting issue, to be sure.

Thanks again to everyone for their responses. Keep 'em coming!

And thanks to Andy for his continual work moderating this list. 

-Alex

Alex Satel, MFC
ISA Certified Arborist ON-1353A

Urban Forest Innovations Inc.

1248 Minnewaska Trail
Mississauga, ON  L5G 3S5

T: (905) 274-1022

C: (416) 452-8054

 <mailto:asatel at ufis.ca> asatel at ufis.ca

 <http://www.urbanforestinnovations.com/>
http://www.urbanforestinnovations.com

UFI new logo very small

From: canufnet-bounces at list.web.net [mailto:canufnet-bounces at list.web.net]
On Behalf Of Schwan, Terry (MNR)
Sent: December 20, 2011 8:53 AM
To: Canadian Urban Forest Network
Subject: Re: [CANUFNET] Municipal tree ownership/responsibility

Alex

In Ontario you should consider Section 10 of the Forestry Act. 

Boundary trees

10.
<http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90f26_f.htm
#s10s1>
<http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90f26_f.htm
#s10s1>   (1)  An owner of land may, with the consent of the owner of
adjoining land, plant trees on the boundary between the two lands. 1998, c.
18, Sched. I, s. 21.

Trees common property

(2)
<http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90f26_f.htm
#s10s2>   Every tree whose trunk is growing on the boundary between
adjoining lands is the common property of the owners of the adjoining lands.
1998, c. 18, Sched. I, s. 21.

Offence

(3)
<http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90f26_f.htm
#s10s3>   Every person who injures or destroys a tree growing on the
boundary between adjoining lands without the consent of the land owners is
guilty of an offence under this Act. 1998, c. 18, Sched. I, s. 21.

Terry

Terry Schwan, R.P.F., M. Sc.

District Forester

Guelph District

Ministry of Natural Resources

One Stone Road West

Guelph, Ontario

N1G 4Y2

Phone: 519-826-4933

Fax:   519-826-4929

Email:  terry.schwan at ontario.ca

  _____  

From: canufnet-bounces at list.web.net [mailto:canufnet-bounces at list.web.net]
On Behalf Of Alex Satel
Sent: December 14, 2011 2:16 PM
To: 'Canufnet'
Subject: [CANUFNET] Municipal tree ownership/responsibility

Hello all,

I am interested to know how your community determines tree ownership and
assigns responsibility for maintenance, particularly with regard to street
trees. 

Many communities operate on the principle that if 50% or more of the stem is
on public property, the tree is a City asset and a municipal responsibility.
Does your community work differently? If so, do you maintain street trees if
less than 50% of the stem is on municipal land, or if only if the tree is
wholly on City property? Has your community at any point transitioned from
one approach to another, and if so, did that significantly change the
workload for your forestry crews?

Any insights into this issue would be greatly appreciated. Thanks for your
consideration, and best wishes for the holidays.

--Alex

Alex Satel, MFC
ISA Certified Arborist ON-1353A

Urban Forest Innovations Inc.

1248 Minnewaska Trail
Mississauga, ON  L5G 3S5

T: (905) 274-1022

C: (416) 452-8054

 <mailto:asatel at ufis.ca> asatel at ufis.ca

 <http://www.urbanforestinnovations.com/>
http://www.urbanforestinnovations.com

UFI new logo very small

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