We have an old willow tree with branches that hang over the backyard of our next-door neighbour’s property. They say the tree’s branches are blocking the sunlight for their garden and they want to cut the branches growing over their property...

A: Generally, people can prune overgrowth in their yard. The law recognizes the rights of landowners to enjoy their property. However, there is a City of Toronto by-law formally known as City of Toronto Municipal Code, Chapter 813, Article III, 'Private Tree Protection', designed to protect trees.

Your neighbour may need to apply for a permit to prune your tree if its trunk measures more than 30 centimetres (12 inches) in diameter at 1.4 metres above ground level. Pruning is allowed as long as it does not threaten the health of the tree. If you think it might, the neighbour may need to get an arborist report and pay an application fee. Otherwise, they risk paying a fine up to $100,000! Utility agencies (such as Toronto Hydro) will also prune branches to maintain the safety of their infrastructure.