Conflicts Involving Trees and Neighbors FAQ

Trees can give your property shade in the summertime. They can also give your house a home for songbirds. In general, they enhance the beauty of a property. But trees also can be a source of tension among neighbors. This may happen if they're not properly maintained or if they drop debris over the fence. They could also be a nuisance if they're the cause of other problems.

Trees and neighbors can sometimes be a volatile combination, especially among neighbors who generally don't get along. So, it's important to know your rights and responsibilities before taking drastic measures when dealing with tree-related disputes.

It can be so annoying to deal with a neighbor's overhanging trees. But it's important to know what you can and can't do when it comes to tree disputes.

The following are answers to some frequently asked questions about disputes involving neighbors and trees. This article also addresses the right to trim encroaching branches. In addition, it provides information on how trees relate to (and sometimes define) property lines.

• If my neighbor's tree branches hang over my yard, can I trim them?
• If my neighbor owns a fruit tree, and the branches hang over my property, can I eat the fruit?
• If my neighbor's leaves keep blowing into my yard, do I have a good nuisance claim?
• Most of a large tree hangs over my yard, but the trunk is in the neighbor's yard. Who owns the tree?
• My neighbor dug up their yard, which killed a tree that's on my side of the property line. Could I get compensation for the tree?
• A storm knocked down my neighbor's tree limb onto my property, damaging my house/car/swimming pool/yard furniture. Are they responsible for the damages?
• My neighbor's tree looks like it's going to fall on my house. What should I do?
• The spreading of tree roots on my land damaged my neighbor's septic tank/swimming pool. Do I have to compensate my neighbors?
• Do I have to trim my tree branches or roots on a neighbor's property if they ask?
• Where can I go for expert legal advice on a conflict involving trees and neighbors?

If my neighbor's tree branches hang over my yard, can I trim them?

Yes. By law, you have the right to trim branches and limbs that extend past the property line. However, the law only allows tree trimming and tree cutting up to the property line. This can help remove minor obstructions of the view.

It's important to know when and how you may enter the property belonging to the tree's owner. You must first warn or give notice to the tree owner prior to commencing work, giving the tree owner the chance to correct the problem.

You may not go onto the neighbor's property to prune the tree. You also shouldn't "return" the branches or foliage by disposing them in the neighbor's yard. If you trim the tree on your property line, you will also be responsible for waste removal.

A property owner cannot cut the entire tree down, destroy the structural integrity, or ruin the cosmetic symmetry and appeal of a tree by improper trimming. If you do harm the tree, you could be liable for up to three times the value of the tree.

Most trees have a replacement value of thousands of dollars. Ornamental or landmark trees can even reach tens of thousands of dollars. Trim carefully. It's important for homeowners to know this so that they don't inadvertently end up with a huge monetary liability.

Overhanging branches are hard to handle. But you need to be careful before trimming them. They need to be within the boundary line of your property.

If my neighbor owns a fruit tree, and the branches hang over my property, can I eat the fruit?

Possibly — it will vary by state. The fruit of the tree often belongs to the tree's owner. So, don't pick any of the fruit without first checking your local laws. Courts and state laws are divided on who can eat fallen fruit.

Of course, you could also just ask your neighbor and come to an arrangement with them. You don't want to be the cause of a dispute that could have been avoided. Do not eat fruit on your neighbor's land unless local ordinances allow it. It could possibly result in penalties. 

If my neighbor's leaves keep blowing into my yard, do I have a good nuisance claim?

No. Leaves are considered a natural product rather than a neighbor's nuisance. Even if the leaves cause damage, like clogging your gutters or pipes, you have no legal claims against the owner of the tree. 

Leaves, bean pods, or acorns that fall off and end up on adjacent property are considered a natural occurrence. They are the responsibility of the landowner on whose property they ultimately come to rest.

If, however, the tree branches that are shedding the leaves are hanging over your yard or the tree trunk is encroaching on your property, then you have a right to trim those branches up to the property line. In most cases, this is the only help that is provided by the law, even when damage from a tree is substantial.

Most of a large tree hangs over my yard, but the trunk is in the neighbor's yard. Who owns the tree?

The neighbor owns the tree. So long as the tree trunk is wholly in the neighbor's yard, it belongs to the neighbor.

When the tree trunk is divided by the property lines of two or more people, it is referred to as a "boundary tree." In the case of a "boundary tree," all the property owners own the tree and share responsibility for it. Tree removal without consent of all the property owners is unlawful.

My neighbor dug up their yard, which killed a tree that's on my side of the property line. Could I get compensation for the tree?

Anyone who engages in tree removal, tree cutting, or injury to the tree without the owner's permission is liable for compensating the tree owner.

A storm knocked down my neighbor's tree limb onto my property, damaging my house/car/swimming pool/yard furniture. Are they responsible for the damages?

The court will probably apply a reasonable care standard. If your neighbor took reasonable care to maintain the tree branch, and the tree branch did not seem to a reasonable person to be threatening to fall, then probably not. If a reasonable person could not have avoided this from happening in any way, it will be deemed an "act of God," and the neighbor won't be liable.

On the other hand, if the tree was not properly maintained, then your neighbor could be liable for the damages caused. The neighbor might have known or should have known about the danger. If a tree limb appeared precarious or the owner received warnings before the storm, the owner may be responsible for resulting damage when the limb falls.

My neighbor's tree looks like it's going to fall on my house. What should I do?

Landowners are responsible for maintaining the trees on their property. Legally, they have two duties: make reasonable inspections and take care to ensure the tree is safe. If your neighbor doesn't remove the dangerous tree, and the tree does, in fact, cause damage, your neighbor may be held liable.

If you've spoken to your neighbor about the tree issue, and he hasn't done anything about it, there are laws that protect you. The tree may constitute a nuisance by interfering with your use and enjoyment of your own property. You could file a nuisance claim. If the court finds that the true is a nuisance, it may order the tree removed.

Most cities have ordinances prohibiting property owners from keeping dangerous conditions on their property. If you call your municipality, they may remove the tree themselves or order your neighbor to do it.

Utility companies may also have an interest in the tree's removal if the tree's condition threatens any of its equipment or causes a fire hazard. A simple call to a utility company may prompt them to remove the tree themselves.

The spreading of tree roots on my land damaged my neighbor's septic tank/swimming pool. Do I have to compensate my neighbors?

In most states, the bothered neighbor can engage in the tree trimming or root cutting themselves. They may not have to make a claim against the tree owner.

Other states may allow neighbors to sue if the following conditions are met:

• Regardless of property damage, a landowner may sue their neighbor to make that neighbor trim the branches that encroach on the landowner's property.
• Serious harm caused by encroaching tree limbs or tree roots may give rise to a lawsuit. "Serious harm" usually requires structural damage.
• If an encroaching tree was planted, not wild, the neighbor may sue.
• A neighbor may sue if the tree is noxious. "Noxious" means that the tree must be inherently dangerous or poisonous, and the tree must cause actual damage.

Structural damage to plumbing and other utilities can cause serious problems. 

Do I have to trim my tree branches or roots on a neighbor's property if they ask?

Sometimes, you may need to remove parts of a tree when the neighbor asks. Local ordinances and state laws can affect your responsibility as the tree owner. 

Tree branches and roots can sometimes constitute an encroachment. They may cause a severe enough disturbance based on where they are overhanging.

For example, a tree owner might allow the tree to grow so that it uproots a fence. The roots would be considered an encroachment onto the adjacent property. In that instance, the tree owner may be required to remove the offending tree.

Where can I go for expert legal advice on a conflict involving trees and neighbors?

Resolving issues with neighbors and trees requires a delicate touch. A lawyer can review the facts and provide information tailored for your specific circumstances and local laws. Before taking action into your own hands, you may want to reach out to an experienced real estate attorney in your area.