Handle tree roots with confidence
Property owners have the right to eliminate tree roots or branches that stray into their property.
Avoid future conflicts by talking with your neighbors about overgrown trees.
Make sure the tree isn’t protected before you trim the roots.
Don’t forget to call 811 before you dig into unknown tree roots.
Wondering whether you can cut tree roots on your property? Trees are great for shade and beautiful to look at, but the roots can cause damage to structures on your property. Since trees don’t follow human rules for trespassing, you might sometimes end up with some roots on your property that come from a tree growing somewhere else.
Property owners are permitted to cut tree roots or branches that stray into their property, but it’s best to communicate with the owner of the tree before eliminating them. If you have some roots causing a problem, whether you decide to tackle the problem yourself or hire a local tree cutting pro, here’s what you need to know to wrangle the roots and keep your structures safe.
The best way to make sure that any root trimming that needs to occur will be amicable is to discuss the issue with your neighbor before trimming roots from their tree that are growing over your property line. While there may be rules that allow you to trim roots from their tree in certain circumstances, getting their approval and agreeing beforehand can reduce the risk of conflict down the road. They may not realize that the roots are a problem, so working it out with them before taking any action is the best way to go.
Since laws concerning trees can differ from place to place, you should always look into the local ordinances and rules concerning trees and property lines before cutting any roots. This can save you from fines and liability down the line if problems arise from trimming roots from a neighbor’s tree. Here are some good places to look for this information:
Your municipal Building and Planning commission
Your municipal city website
Your local university extension service
Local landscaping and tree care companies
In most cases, you can trim roots that are causing damage to your property, whether it be disruption to the pavement or a fence or structure. Most communities allow for such trimming as the roots are threatening or actively damaging your property. However, if, in the course of trimming the roots, you cause damage to the tree that results in the tree dying, you might be held liable for the damage. If there are significant roots, it’s worth consulting a professional before tackling the job yourself. Even if it doesn’t result in legal action, killing a tree close to your property line could result in a dead tree falling onto your property.
While it might seem strange, some trees that grow on your property are still covered under tree ordinances. Some municipalities consider certain trees endangered, protected, or heritage trees; some rules govern their care and maintenance. These trees are usually covered by an ordinance that treats them as a benefit to the entire community, so there might be specific rules concerning their care. While trimming the roots of these trees is usually allowed, you should not cut large roots yourself as this could damage the tree.
Most state and local governments will have special rules regarding trees that are considered noxious or invasive. These trees are usually considered problem species because they’re poisonous, especially prone to damaging property, can spread and grow quickly, or are a threat to another local species. Consulting your local university extension or looking at your state and local government websites for information about these particular trees can get you the information on your particular tree. If you have roots from an invasive or noxious tree causing you problems, your local government might thank you for taking the whole thing out rather than trimming the roots.
Before digging tree roots to cut them, remember to call 811 to mark your local utility lines. The last thing you want when you’re trying to save your sidewalk is to cause a water pipe to burst.
Since cutting a tree’s roots can cause damage to the tree, there are some things to know about trimming the roots safely. For larger trees over 15 feet tall, you should never cut roots within five feet of the trunk. For smaller trees, you should leave roots within a two-foot radius of the trunk. In all cases, it’s not safe to trim more than 25% of the roots from a tree. Damaging a tree can result in the need to remove a dead tree later, or worse, can result in a dead tree falling onto your property.
In most cases, your neighbor is responsible for roots from their tree that cause damage to your property. If your pavement, the foundation of your home, or a fence is damaged by roots from a neighbor’s tree, you likely will have legal recourse for financial relief. While it’s better to notify your neighbor of any problems you notice as soon as they arise to avoid costly damage, there are some instances where filing a civil suit is your only recourse. Your homeowner’s insurance company might wish to do so on your behalf if you file a claim.
In the case that a tree is growing directly on your property line, the cost of maintaining the tree is shared and is the property of both owners in common. In this case, all decisions regarding the maintenance of the tree must be made jointly, and both parties must agree on a course of action. You will need to agree with your neighbor about the cutting of any roots before you carry it out, and your neighbor must also consult with you before doing any trimming. Coming to an agreement with your neighbor about any shared trees ahead of necessary trimming and maintenance will make this process much simpler.
It’s not legal to intentionally damage a neighbor’s tree. Even if the roots of a tree encroach into your yard, if you damage or kill a tree that belongs to your neighbor, you can be held liable for the damage in most cases. Since herbicides can spread through the tree, causing damage to the whole tree and not just the roots that are on your side of the property line, you shouldn’t poison your neighbor’s tree. The other downside to this method is that if the tree dies, it can fall onto your property and cause more damage, so herbicides are best avoided in this circumstance.
