Here’s what you should know before you throw
It’s illegal to throw tree branches into a neighbor’s yard without permission.
Branches you cut or that fall onto your property become your responsibility.
Homeowners involved in tree disputes must abide by local laws.
If your neighbor’s tree branches have fallen into your yard naturally, you are responsible for the removal. While it may be tempting to throw any stray branches back into their yard, you could be setting yourself up for future disputes. It’s important to fully understand your local laws about how to handle tree-related incidents to avoid legal action—and keep the neighborhood peaceful.
Unless you have your neighbor’s permission, it is illegal to throw tree branches that have fallen naturally onto your property or were cut by you back into your neighbor’s yard. Without your neighbor’s permission, this act is considered illegal dumping.
Discarding waste on another person’s property or anywhere else besides a legally-accepted location is considered illegal dumping. By doing so, you risk being fined and criminally prosecuted. Tree laws can be quite detailed and will vary based on where you live, so consult your local laws to make sure you’re in compliance.
While it’s not legal to throw fallen tree branches back in your neighbor’s yard, there are other lawful alternatives to consider.
Whether branches have naturally fallen onto your property or you cut them down, it is now your responsibility to properly dispose of them. You can choose to hire a local tree removal company or dump them at a legally-accepted facility. Depending on where you live, local collection services may regularly pick up yard waste from your home. You could also recycle the branches by using them for mulch, firewood, or compost. However you choose to dispose of the branches, just make sure you’re following local laws.
If you’re worried about branches from your neighbor’s tree falling into your yard, it may be helpful to kindly communicate this to your neighbor. Your neighbor may very well give you permission to throw them back into their yard, or they may even cut down the branches themselves.
Keep in mind that if overgrown tree branches extend into your property, you are legally allowed to cut them down. However, you cannot trespass on your neighbor’s property or damage the tree in any way. If the tree trunk straddles both property lines, it is considered the property of both you and your neighbor. In this case, all property owners should consent to any branch or tree removal.
Even after removing tree branches, you may still feel that a neighbor’s tree poses a threat to the safety of you or your home. As a landowner, your neighbor is legally responsible for making sure their tree won’t cause any damage. If you’ve talked to your neighbor and nothing is done to rectify the issue, there are legal steps you can take.
For example, you could file a nuisance claim which can order that the tree be removed if it’s a true nuisance to you and the enjoyment of your property. You could also contact your municipality or even a utility company if the tree is a safety hazard to the community. If so, local authorities have the power to remove the tree themselves or order your neighbor to do so.
