Keep your trees trimmed and your neighbors happy
Trees on the property line are considered common property, so both owners are responsible for the tree and its maintenance.
Trees next to the property line are the responsibility of the property owner who has the trunk on their property.
Consult local ordinances before planting trees near property lines to avoid future disputes.
If there’s a tree growing on the dividing line between your property and your neighbor’s property, it can cause some confusion about ownership between the parties. So, who is responsible for a tree on a property line?
Maintaining positive relations with your neighbors means knowing who should take care of trimming and caring for trees, and being able to figure out who should pay for its damage. You can confidently tackle all of your tree care projects with the help of a local tree maintenance pro and this helpful guide.
If you have a tree that sits directly on your property line, in most cases, it is considered common property, and thus the care and maintenance of the tree is a shared responsibility. In this situation, it’s best for neighbors to develop a plan for sharing tree maintenance responsibilities and a contingency plan in case the tree is damaged.
It’s better to work out the details before an incident occurs where action needs to be taken. Agreeing to split the cost of taking care of the tree will allow both parties to keep up with regular maintenance, like tree trimming, and keep the tree as healthy as possible.
If there’s a tree right next to the property line, it belongs to whichever side of the line where the trunk is located. In that case, tree care is the responsibility of the homeowner that owns the tree, and trimming, maintenance, and removal in case of disaster are the responsibility of that person.
It’s important to remember a neighbor can choose to trim back roots and branches that grow over the property line. If you have a tree growing near your property line, communicating with your neighbor about it can help avoid disputes over trimming and maintenance.
If a neighbor’s tree has branches or roots that stretch over your property line, you have the right to trim them. However, if any action damages the tree, you might be held liable for the damage, talk to your neighbor about a plan for trimming or hire a professional tree service. If you’re unsure of the rules concerning trimming the branches or roots, you can consult your local ordinances concerning trees before you proceed. Since your neighbor is responsible for overhanging branches on your property, you might also be able to convince them to trim the branches themselves.
If tree roots grow over the property line and push up pavement or damage a fence, the neighbor who owns the tree is liable for the damage. If branches from a tree fall and damage a neighbor’s house or other type of property, the homeowner who owns the tree is responsible for repair costs. In some cases, local ordinances might allow a neighbor to compel an adjacent property owner to remove a tree that’s causing damage.
If you have tree branches falling onto your property, you might wonder if you can throw the branches back into your neighbor’s yard. Unfortunately, throwing tree branches that have fallen onto your property into your neighbor’s yard is illegal unless you have their permission. By law, in these situations, it’s still their responsibility to do tree maintenance.
In this situation, you can trim the part of the tree that’s on your side of the property line or take legal action if your neighbor refuses to take responsibility, but this can be expensive and time-consuming. If the tree in question is old, large, or unique in some way, it might be protected, making the process of navigating your local regulations that much more important. If a tree is categorized as a heritage or protected tree, you might be able to tap into community resources to help with the cost of caring for the tree.
To prevent disputes with your neighbors over trees, you should avoid planting trees near the property line. Most municipalities have rules concerning how close to a property line you can plant a tree, so consulting those ordinances before planting anything new is a good first step.
If you have a neighbor planting close to the property line, consult with them about it to ensure there’s a common understanding of the property line location and whose responsibility the tree will be. Disputes often arise over a misunderstanding rather than intentional malice, so maintaining a dialogue with your neighbor can help a lot.
If you end up in a dispute over a tree on or near your property line, keep in mind that there are a few local authorities who can help settle it.
Your homeowners insurance company might have some resources to help you settle a dispute over who will pay for damage caused by a tree or maintenance of a tree. Since they have a stake in defining liability, they might be able to negotiate with your neighbor’s insurance company on your behalf, hopefully settling the dispute before you need to take legal action.
If you are part of a homeowners association (HOA), they likely have rules governing the care and maintenance of trees and can often step in before you need to go to court to help settle disputes over financial liability concerning trees near your property line. Sometimes, you can inform a neighbor of the rules to convince them before you get the HOA to take official action, but they can sometimes step in to settle disputes.
Your local municipality might have a particular program aimed at settling disputes over trees, especially if they pose a hazard. Tree law can be complicated, so contacting your city hall for advice and assistance can help if your other problem-solving methods have failed. Even if they don’t choose to step in, arming yourself with the information on your legal rights and responsibilities will give you a better chance of resolving your dispute fairly.
Unfortunately, most of the time you’re out of luck if a neighbor’s tree blocks your view. You don’t have a right to a view, so if you have a tree that’s near the property line but on your neighbor’s property, you can’t cut it to be able to take in a majestic mountain or a beautiful sunrise. In some communities, however, there are ordinances protecting scenic views. Checking into your local laws can help you determine your rights in this situation.
No. Although you have the right to trim the branch if it overhangs your property, you don’t have the right to take the fruit. Since the tree’s care is the responsibility of the neighbor, the fruit is also theirs to pick. This is also a situation where having a conversation with your neighbor is a good idea. They might not mind if you take some fruit, especially if it’s on a branch that’s on your property.
No. Unfortunately, leaf removal is your responsibility, no matter what tree the leaves come from. It would be pretty hard to regulate leaves since they can be moved by the wind or water. Imagine the detective skills it would take to determine which tree each leaf came from and who was then liable for removing it. Instead, plan to remove any leaves on your property.
