Trees

Sometimes, neighbours agree to plant trees between their properties. Other times, trees are growing along the property line, with both yards having some of the trunk, roots and branches. This can happen when trees grow without being planted by anyone or when a tree is planted in one neighbour’s yard and then grows across the property line.

In Saskatchewan, when it comes to who has the right to do what to a tree, its location is important. “Border trees” are solely on one property, but the branches or roots extend to an adjacent property. The owner of the tree is the person who owns the property that the tree grows from.

The adjacent property owner may cut the branches or roots of border trees that extend onto or over their property. This is the case even if it would harm the tree. They must ensure, however, that they do not cut any part of the tree that is not on or over their property.

“Straddle trees” are those whose trunk is partially on both sides of the property line. There are three types of straddle trees…

• “Consensual trees” are planted by agreement on the property line by the current or former owners. Each property owner has an interest in the tree and cannot remove the tree without the other’s consent. This interest can be registered on the title of the properties.
• “Straying trees” are planted on one property, but the trunk grows over to the adjacent property. Either property owner can cut back the parts of the tree that are on their property. They cannot enter their neighbour’s land without consent to do this, however.
• “Voluntary trees” where the origin of the tree is unknown. The same rights that apply to straying trees apply to voluntary trees.