Who owns trees and who pay if they fall

One of my client asked about the trees in between properties (Houses), I am sure so many of us doesn't know the answer.  First question  Who owns the tree? - A tree whose trunk is on the boundary between properties belongs to both property owners, according to the Forestry Act of Ontario. When you can trim them ? - The owner can trim branches on their side of the property.  - If the tree on your neighbour’s land, but roots and branches extend onto your property, you have the right to trim them, so long as it does not do any harm to the tree. - You cannot go into your neighbour’s yard to do this. While this is usually simple to determine when it comes to branches, it is not so easy to figure out when roots are involved. In other words, how do you know whether cutting part of the roots on your land will injure the tree? What of  a tree is dying ? - If you think a tree is dying and you get a report from a certified arborist, you can remove the tree from your yard, in most cases without a permit. Still, you need to send in a copy of the arborist’s report to the City before taking down the tree. If a tree falls If a tree falls and damages your property, it will largely depend on whether the tree was healthy or whether you had warned your neighbour to remove the tree because it was dying.  Case law has determined that if the tree was healthy, then you cannot sue your neighbor for damages. It becomes a matter between you and your insurance company, although in my experience, many policies do not cover this type of damage. However, there is also case law that if you had warned your neighbor to take down the tree because it was dying, they did nothing and then damage occurred, you can successfully claim for your losses. Protected trees Most trees within 15 feet of the road are typically owned by the City, so you can’t cut any of the branches or remove the tree yourself. If you are worried that the branches may damage wires from the hydro poles, contact the City. They’ll come and trim the branches or remove the tree. There are also rules against trimming or cutting down a heritage tree. You can find a listing of heritage trees atwww.heritagetrees.on.ca.