A leaning tree on the other side of the fence is one of the most common, and most misunderstood, sources of worry between neighbours. Here is how insurance actually treats a fallen tree, the warning signs that a tree is becoming a hazard, exactly what to document and how, a friendly notice you can send, what you are allowed to trim yourself, and the steps to take if one comes down.
This surprises people: when a tree falls and damages your home, the claim usually goes on your own home insurance, not the tree owner's, even if the tree was your neighbour's or the city's. The Insurance Bureau of Canada explains that wind and lightning, the most common reasons trees come down, are usually covered perils, so your policy responds, subject to your deductible.
If a tree owner was genuinely negligent, for example a tree that had been dead for a long time and was ignored, your insurer may try to recover its costs from them afterward, but that is the insurer's fight, not yours to start. A tree that lands on your car is an auto claim, covered only if you carry comprehensive or all-perils coverage. Insurance generally pays to remove the tree and repair the damage, not to replace the tree. Root damage happens gradually, so it is generally not covered. And a tree service that damages something while working is generally responsible for its own work. One more: a tree that falls and hits nothing may have little or no removal coverage, so check your policy.
People assume that if a neighbour's tree falls on their house, the neighbour automatically pays. In Ontario that is generally not how it works. An owner is not automatically responsible just because their tree fell.
Responsibility can arise where the owner knew, or reasonably should have known, that the tree or a branch was dangerous, and did nothing reasonable about it. A healthy tree brought down by a genuine storm generally does not create that responsibility, it is treated more like an act of nature. And hidden internal rot, with no signs visible from the outside, is hard to pin on an owner who had no way to know.
If the tree is on city land, the rules are similar but run through the municipality. In Toronto, damage from a city tree is not automatically compensated. The city looks at whether there was visible decay and whether it had been notified of a problem, and storm damage is generally excluded, so you claim through your own insurer first either way.
You do not need to be an arborist to spot trouble. The International Society of Arboriculture points to a handful of signs worth watching for.
This is the core of protecting yourself. A clear, dated record is what turns a worry into evidence, and it is simple to build.
The goal here is calm, friendly, and factual, no legal threats, no demands, and no deadlines. If the relationship is good, start with a friendly conversation, then follow up in writing so there is a record. Fill this in, then print or copy it into an email.
Hello, and I hope you are well. I wanted to share something in a friendly way, not to make any kind of complaint. I have noticed a tree on your property, near where our properties meet, that I think may be worth having looked at.
I have taken a few photos from my side, which I am happy to share. Would you be open to having an ISA Certified Arborist take a look when it is convenient? I am glad to talk it through anytime, and you can reach me at the number below.
Thank you for reading, and I appreciate it.
Alongside the notice, keep a simple running log. Print this and add a row each time something changes.
| Date | What I observed | Photo file names | Who I told, and how |
|---|---|---|---|
Many Ontario cities require a permit to remove or injure a private tree over a certain size. In Toronto, a permit is needed for a private tree 30 cm or more in diameter measured at 1.4 metres above the ground, and for any city tree, and a boundary tree needs the other owner's consent. Normal pruning to good arboricultural practice does not need a permit, and dead or hazardous-tree exemptions should be confirmed with the city first. In Mississauga, a permit is required to injure or remove any tree 15 cm or more in diameter, with no fee for a dead or dying tree. Hamilton does not yet have a single citywide private-tree bylaw, though a harmonized bylaw with a proposed 45 cm threshold was in public consultation in 2026. If you are elsewhere, check your own municipality.
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