When there is a boundary tree at the front of a parcel of land, can the Prosecution take action against the adjoining land owners?
Ontario, Canada
The following excerpt is from R. (ex rel. Scheuermann) v. Gross, 2015 ONCJ 254 (CanLII):
The Prosecution submitted that when there is a boundary tree, no action should be taken unless it is with the consent of the adjoining land owners. Prosecution made reference to a civil case from the Superior Court of Justice (Ontario) in Hartley v. Cunningham, 2013, ONSC 2929, where the applicant had sought to be the sole owner of a large Norway maple tree.
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