What Can You Legally Do About Neighbor Disputes Over Trees?

Understanding your options for handling tree disputes

By Canaan Suitt, J.D. | Last updated on June 2, 2022

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Trees can be a wonderful feature of your landscape. They provide shade, improve the health of your yard and local ecosystem, and increase the beauty of your property. However, trees can also be the root of neighbor disputes.

Tree disputes can arise in many situations. If not maintained, trees can become an eyesore or even a hazard. Tree branches hanging over your property line can cause property damage by dropping debris, clogging gutters, or brushing against your house. If a neighbor removes or damages your tree, it can diminish your property value and enjoyment.

Especially if neighbors don’t get along, tree disputes can become heated. As a homeowner, it’s essential to understand your legal rights and duties before taking any legal action—and hopefully, your tree dispute can be resolved without litigation. This article will cover some common situations where tree disputes arise and what you can do.

Can I Legally Cut My Neighbor’s Tree? 

The first question in any tree dispute is: Who is the owner of the tree? If the tree trunk stands completely in your neighbor’s yard, your neighbor is the tree’s owner. You can’t cut down the entire tree without the owner’s permission.

Can I Legally Cut Tree Limbs Hanging Over My Property Line?

Generally, yes. When branches or roots from a neighbor’s tree grow over your property line, it’s called encroachment. If overhanging branches or roots cause problems, you generally have the right to prune them back to your property line.

By letting neighbors prune encroaching branches and roots, the law gives property owners leeway to resolve tree issues without recourse to legal action. However, if you do plan to trim a neighbor’s tree, there are a few precautions to keep in mind:

  • Only trim branches or roots back to your property line
  • You cannot damage or destroy the tree by trimming
  • If you have to go on your neighbor’s property to trim, you must get their permission unless the tree poses imminent harm or damage

Can I Legally Remove a Tree When It’s Located on a Boundary Line?

Trees located on a property line are called boundary trees and belong to each neighbor. Because of this, property owners generally can’t remove a boundary tree without getting the permission of the other neighbor(s). You could be liable for monetary damages if you remove a boundary tree without permission. If you want to remove the tree, talk to your neighbor first and explain the situation. Questions you should anticipate your neighbor asking and that you’ll need to negotiate include: Why do you want the tree removed? Is there another solution besides removing the tree? Who will pay for the removal?

You have different options if you’re dealing with a tree that looks like it will damage your property. If the concern is with branches or limbs potentially damaging your house, you can cut them back to your property line. If the concern is with the tree falling or some other issue that requires the entire tree to be removed, the first step is still to make your neighbor aware of the dangerous tree. If your neighbor refuses to do anything about the hazard, try informing them of local ordinances or zoning laws regarding their responsibility to maintain safe trees and the consequences of not doing so.

You can also seek the help of your local government in removing a dangerous tree. Many municipalities have ordinances regarding hazardous property conditions. By notifying your local government, officials can investigate the hazard and enforce the safety ordinance by demanding that your neighbor remove the tree or face a penalty. The municipality may remove the dangerous tree itself. Another avenue is if you have a homeowners’ association. You can enlist the HOA’s help in resolving the hazard in the neighborhood.

If these options don’t work and the neighbor refuses to remove the dangerous tree, you can sue them to obtain a court order that they trim or remove the tree to eliminate the hazard.

If a neighbor removes or destroys your tree without your permission, they are liable for your damages. The exact amount varies by state law and may depend on whether your neighbor acted intentionally or made a mistake. The type of tree could also impact compensation. For example, ornamental, historic, or landmark trees can cost much more than more common types of trees.

To get the monetary damages you’re entitled to, you can sue your neighbor. Depending on the amount involved, you may have a suitable case for small claims court. Before taking legal action, it’s always important to assess if the costs of litigation will be worth the remedy you’re seeking.

If a neighbor’s tree lands on your private property, your legal options depend on the circumstances. Sometimes, trees fall due to an “act of god.” This is where no one reasonably saw the tree as a threat or could have done anything to prevent the tree from falling. If your neighbor maintained their trees and acted with reasonable care to avoid foreseeable hazards, they may not be liable.

However, if the tree posed a threat that your neighbor could have foreseen and avoided by simply maintaining it, they might be liable for damage caused by the tree falling on your property. In cases like this, you may need to sue to get compensation for damage to your property.

Who Pays for Tree Trimming?

The neighbor who does the trimming generally has to pay for it. However, depending on the situation, there may be other options. You may be able to have your utility company do the trimming if a tree interferes with power lines or other equipment. If your neighbor’s tree interferes with adjoining public property, you could notify your local government about the need for trimming.

If your neighbor’s trees violate your homeowners’ association (HOA) rules, the neighbor may have to pay for trimming. Finally, if you face substantial damage from encroaching trees, some states will allow you to trim and demand that the owner pay. State or local laws will have the answer, and a lawyer can help you understand your rights.

Before taking the plunge into legal action, consider meeting with a local real estate or property law attorney who can discuss your options with you. Many lawyers provide free initial consultations. Even if you ultimately decide against legal action, having an attorney’s input ensures you take the best course of action.

Visit the Super Lawyers directory to find a lawyer who practices real estate law in your area.

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