The science of cutting branches may be imperfect, but the laws are pretty clear
When your neighbor’s trees encroach on your yard, it can lead to a tricky scenario, especially if the branches become a hazard. So, can you trim your neighbor’s tree?
The good news is that property laws rule in your favor: You can trim your neighbor’s tree limbs if the limbs are on your property. If you get snap-happy and cross property lines, you could face a hefty fee ranging from $500 to 2,500. Learn how to avoid unnecessary costs and conflict when it comes to trimming your neighbor’s tree.
Yes, you legally can cut branches from your neighbor’s tree—so long as they are hanging over onto your property. However, that doesn’t give you free rein to do what you want to their tree(s). Considering there isn’t much more than an imaginary line extending up from the edge of your property (or a fence), you have to be very careful when trimming branches from their tree.
“Forcing” anyone to do anything, quite frankly, doesn’t really work, as most of us learn with enough life experience. Asking kindly, then citing any reasons why cutting down branches is necessary, is definitely the first step you should take, though. Politeness goes a long way here, especially if you don’t know them well or have had issues in the past.
Even in extreme circumstances—say 90% of the tree’s branches are hanging over your property—the tree belongs to your neighbor if the trunk is on their side. Frustrating, no doubt, but there are steps you can take if you find yourself in this situation.
There are a few circumstances that justify taking action, whether that means getting your neighbor to do it, hiring a local tree cutting pro, or cutting the tree branches yourself.
Cutting branches may be permissible when:
They pose a safety threat to you or your family.
Tree branches are dead, decaying, or infested with bugs that could harm other plants.
A tree or its branches look dead, which could pose a threat to your home or roof.
The overhang is bad enough that it could lower property value, especially if you’re considering selling your home.
If your neighbor cuts or damages your tree, the penalty will vary by location and situation. For example, if your tree was hanging on their property, they may have a right to clear branches within their airspace within reason without stepping over onto your property. However, if your neighbor steps into your yard and cuts or damages your tree, they will usually be required to pay a penalty (usually equal to the cost of the tree or the cost to fix the damages).
In these and all neighborly disputes, communication is key. Be sure to speak with your neighbors first before trimming or touching any trees near your property line, and speak with them calmly if they cut your tree. If a tree is a point of contention between you two, see if you can come to a resolution, such as splitting the cost of tree maintenance or discussing lawn maintenance at the beginning of the spring season.
However, if your neighbor cuts your tree and does not want to come to a resolution, you may be able to pursue legal action, whether through the city or through a civil suit, to receive payment for those damages. In this case, you’ll want to research the laws near you and speak with local officials for your best course of action.
This issue will vary from state to state and possibly even area to area. In many cases, any fruit from a tree with a trunk that is solely on your neighbors’ property will belong to them, even if it hangs into your yard. In a few cases, though, branches that extend into your yard, or trees that straddle the property line may entitle you to some fruit.
Before snagging that tasty-looking apple, it’s always best to speak with your neighbors. They’ll often be more than happy to share. At the very least, check your local regulations before you start collecting fruit.
If tree branches cross well into your property line, in many cases, these branches become part of your property, and you can trim them up until your neighbor’s property line. However, this issue will vary based on local ordinances, so you should do your research before making any decisions. Better yet, speak with your neighbor about how to handle any tree issues.
If you don’t mind the branches, you can leave them be, but if they’re becoming a hazard, it’s definitely worth having a conversation.
Ideally, you’ll have a good enough relationship with your neighbors that you can kindly mention this task in regular conversation. However, every neighbor (and neighborhood) is different. Your best bet will always be to ask directly and nicely, offering to contribute to the tree trimming efforts if you’d like. However, if you are bothered by the tree and your neighbor is unwilling to cut it, you can involve the help of the homeowners’ association or local authorities, if applicable.
Yes, the same rules discussed above apply to your neighbor: They can trim one of your trees as long as they’re only cutting the portion that extends into their property. Your neighbor is not allowed to access your property without permission, nor can they cut past the property line.
