Do any of you know, from either study or experience, what the rules are about trees that cross property lines? For example, let’s say we have a tree that grows in our yard, but branches cross over the fence into our neighbor’s yard. Let’s say our neighbor dislikes the tree because it shades their yard and drops nuts/leaves (i.e., not because any branches appear dangerous or broken, or are threatening the fence). If our neighbor requests it, do we need to remove the branches that cross the fence? What if this means removing about a third of the tree? What if it means removing the entire tree? What if it is a very large and established tree, and it would be a shame to lose it? What if the situation actually involves multiple trees? What if having trees pruned/removed is expensive, WHICH IT IS?
I’m asking the question in two ways. One of them, of course, is legally: what MUST we do, legally? But I’m also asking from an ethical/neighborliness standpoint, for areas where the law lets us do what we want: what OUGHT we be willing to do, even if we don’t want to? For example, obviously I don’t want to pay $400 to have branches trimmed that aren’t bothering me (or in danger of falling), but since it’s OUR TREE and we OWN it, should I go ahead and do so even if I don’t legally have to?—things like that.
My and brother- and sister-in-law are going through this situation right now. Neighbor doesn’t want the branches of big, beautiful, established, and kinda rare tree that’s growing my SIL’s yard to be shading the plantings in her yard. So the neighbor asked my SIL if she would trim the branches to the property line, which my SIL agreed to for neighborhood peace. However, the tree trimming people refused to cut the branches at the property line – they insisted that the branches need to be trimmed back all the way to the trunk to comply with “arborist standards.”
My BIL (a horticulturalist) refused to trim the branches all the way to the trunk, so now, nothing but increased raised-eyeball tension and frosty, curt nods across the lawns. Ouch.
Oh – and to clarify – the neighbor has the right to have the branches cut. How that plays out legally, financially…I’m not so sure. I think it’s one of those situations that both sides have to agree to do, but what usually happens probably is the more pushy neighbor gets his or her way while the nicer neighbor who likes to avoid conflict stews silently.
From what I understand, the tree “owner” has the responsibility of preventing damage (low hanging limbs for example) and can be liable if something happens. (Like a limb hitting the neighbor’s car, etc.)
The neighbor usually has the right to trim the overhanging part, within reason. It shouldn’t compromise the tree (like cutting most of it!) or kill it, etc. Each state has different laws though; you might want to look them up and find out what they are specifically.
Morally, I would trim any branches that I felt were too much in the neighbor’s way, but I wouldn’t want to cut down a third of the tree either.
Neighbor can do anything they want on their side of property line. At their own expense. Rules may vary by jurisdiction but that is law here.
My backyard neighbors have a 30 foot Leyland cypress. It is a little over 39 years old. It use to provide privacy. Not anymore. The branches have been cut back. They have 10 trees. It is annoying because the trees are dying and the needles fall everywhere. More on my side. I want to get rid if all the limbs on my side. I wish I could send pictures. Our HOA will not allow us to have privacy fences, so back in the day that was probably a good choice. I would love to plant
Skip Laurels. They are tolerant in most areas and grow tall.
That is my plan in about a year.
My question is if this Leyland Cypress has half drown needles and falling all over my yard. Isn’t it dying? At what point to you do something about it?
Just went through this with a neighbor. The limbs neighbor has the right to trim limbs on their property. The trunk neighbor does not have to remove the tree. If the limb neighbor kills the tree through over enthusiastic trimming the trunk neighbor can claim compensation.
Perhaps peculiar to Atlanta, you need permission to remove healthy trees above a certain diameter size.
Would let the limb neighbor know that they are free to trim limbs that cross the fence and leave it at that.
I don’t know legally what is required but to me what seems right is removing any low branches so that the tallest of tall people could mow under it without obstruction. Removing 1/3 of the tree, so absolutely no part of the tree crosses a property line, seems very excessive. I don’t know why anyone would be annoyed by a tree unless it was a fruit tree of some sort and was dropping rotting fruit and killing the grass underneath.
There was a large walnut tree over our driveway in our old house (the tree was technically in the neighbor’s yard) and it dropped a ton of walnuts and other debris onto my car. It never even occurred to me to do anything to the tree or even mention it to the neighbor. Every so often, I swept up the walnuts, washed my car, and went on with my life.
The laws will vary by locality, so you should check in your state and city. However, usually the home owner with the overhanging branches can trim the tree within reason, but at their own expense. You, the full tree owner, aren’t generally responsible for the cost. We have this issue with out neighbors (who we really like). We have trimmed the branches that were hitting our house and causing too much shade at our own expense. However, we have always told them we were going to do it ahead of time and have used a mutually agreed upon tree company. We also hang a swing from a different branch of said huge tree that hangs over our hard and when we did that we asked and they readily agreed.
I have never heard of a locality where you were legally required to trim safe, undamaged tree limbs just because they bother a neighbor (although maybe I’m just not paying attention). I have heard that neighbors can trim branches that extend onto their property. I would only pay to have the work done if I thought the neighbors were going to butcher the tree (and then I’d be super-cranky about it).
This is definitely one of those areas where I would only care about the law.
our next door neighbor has a big old crumbling tree that drops branches in our yard. He is very good at picking up branches that fall in our yard and has promised to replace the fence if A branch falls and breaks it. We have offered to pay to have the tree removed but he refuses. It is a very frustrating situation but we haven’t pushed it. I am very curious to see other comments on this post and see other people solutions.
Ohh this is interesting. Our neighbors have a black walnut tree about 10 inches inside of their fence but the way the tree grew means 90% of the canopy is over our yard. I don’t care for the tree because we get all of the black walnuts in our yard (hundreds of them) which are a pain and actually somewhat dangerous to the kids (if you’ve never seen a black walnut, they are slightly smaller than a baseball and nearly as hard – ouch!). The fallen walnuts attract rodents and skunks and picking them up stains your hands black. Plus the tree puts a chemical in the soil that makes it so I can’t grow tomatoes. Booo!
But! 1) I hate the thought of killing a tree, 2) black walnuts are prized, 3) my neighbors are quite elderly and don’t have the money to do anything about the tree.
Our behind the house neighbor planted a line of Bradford Pear trees (non fruit bearing. So why are they called pear trees?) right next to our back fence. When a storm knocked one silly and it broke our fence, we removed the debris from our side, they from theirs, and they repaired the fence. We never even talked about it because we work different schedules. Once or twice a year I go along the fence line and trim back whatever I need to so I can walk without hitting my rather tall head, being careful to stop at the property line.
This seemed like a question worthy of some research:
Here in Ottawa it is partly the municipality which governs the treatment of trees, and you have to apply for a permit to take down a mature, healthy tree, and when said tree straddles two properties proof has to be provided that the other homeowner supports its removal.
However, it is provincial law that governs who owns a tree if the trunk is found to straddle the property line. Apparently there was a “landmark ruling” in my province last year that, according to Toronto’s Globe and Mail, “created some of the most stringent and detailed law on tree preservation in Canada. Cutting down a shared tree or chopping at wayward branches without a neighbour’s approval could now be a criminal act, punishable under the provincial Forestry Act.” And a tree is considered shared if any part of the trunk, and not just the base, crosses the property boundary.
In terms of trimming branches, it appears that the general rule of law in Canada (according to the Canadian Bar Association) is: “If your neighbour’s tree branches hang over your property, you can cut them, but only up to the property line. You cannot go onto your neighbor’s property or destroy the tree. The reverse case is also true.
If your tree damages your neighbour’s property, for example, a branch falls on their roof during a storm, are you responsible? No, not unless you caused the damage intentionally or through negligence. Negligence means you did not take reasonable care or you were warned or knew the tree was damaged or diseased and may fall. But if your tree roots go under their property and damage their pipes, lawn, or foundation, you may be responsible under the common law principle of “nuisance”. It depends on the facts of the case, but normally, courts will not allow use of a property that causes substantial discomfort to others or damages their property.”
So there you have it. I learned a lot of new information about tree law today!
As to what I’d do, I’d tell my neighbour what the legal situation is regarding my tree, and that I was willing to do some minor pruning for them for the sake of neighbourly relations. I would not take 1/3 of my tree down though, and if they were set on major pruning I’d suggest that I’d be willing to let a professional arbourist they hired onto my property to see how much could be removed without harming the tree and consent to the work if it was possible.
I have also read about that ruling in Toronto. But I, think, I have a slightly different situation. The tree form the backyard Neighbor is well inside his propert line. His tree has grown big and its roots now causing damage to our lawn, and if not checked, will damage our house. Under “nuisance” rule, how should I deal with it. Can I just go ahead and cut the roots up to the property line? Do I need my Neighbor’s permission? And if he says no, then what? And suppose if the trees dies or gets damaged simply by cutting my side of the roots, will I be liable for the damage? I live near Toronto.
I see others have mostly covered my thoughts, but around here, the limbs-neighbor has the right to trim/prune any overhanging branches, the tree-owner has the responsibility for any dangers/obstacles (dangerous branches), and if the limbs-pruner kills the tree, the tree-owner has the right to seek damages. Also, permission is need to remove or significantly alter certain trees, or trees of certain sizes.
ALSO, from a neighborliness standpoint, I think the best option is probably to give them permission to trim those branches that overhang their yard.
It may vary where you live, but here – whatever hangs over the property line, you can cut. Homeowners are also not allowed to remove trees over a certain diameter, from their own yards! And, if a tree is found to be 50/50 in 2 yards (rooted in one yard but 50% has grown into the neighbors yard – BOTH houses have a say in what happens to the tree. This makes for some great lawsuits.
My first instinct would be to just let them trim the branches that are hanging over into their yard, they are the ones that are bothered by it, so it should be their responsibility. I would possibly offer to split the cost of having the tree trimmed in the name of maintaining good neighbor relations.
It seems as though my comments are fairly in line with everyone else:
In South Florida, the law is: tree owner takes care of tree on their property, tree neighbor takes care of whatever hangs on theirs. I believe that if a tree in a neighbor’s yard were to fall on mine during a hurricane, if the resulting damage was due to what was hanging in my yard, it is my responsibility. If it is because the whole tree uprooted from their yard, it is theirs.
In terms of neighborliness: our neighbor’s large tree (no idea what kind) drops all kinds of reddish brown staining berries all over our driveway. We are not friendly with said neighbors. We decided that we would pay to have the branches hanging on our side trimmed, and we notified the neighbor. They did not interfere. It was not cheap, but it needed to be done (also, to prevent any storm damage that might occur).
If you have an HOA, they may have rules/regulations about how to handle this too.
I concur with what other folks have said in terms of the law (I’m in FL, and neighbors have a right to trim on their side, but not to kill the tree.) From a neighborliness standpoint, I’d recommend having a tree person out to do an estimate (usually free), and then you’ll know what’s possible to do without killing the tree(s). Especially if there are other tree things you need to get done, I’d offer to split the cost of that part of things – that way you know you’re getting a skilled person in, rather than a friend of theirs who owns a chainsaw.
And I’d also factor in what you’re getting for your portion of the $ – is this a good neighbor where you want to invest in continuing to have a pleasant relationship? Or are they kind of a pill, and this is just the thing that they’re crabby about this season? I’d rely more on the “not legally obligated to do bupkis” position in the latter case.
Laws and ordinances vary, so you need to check out yours. My parents live next to an elderly woman with 40ft pine trees on her property. My parents pay for the trees to be trimmed so that branches and such don’t fall into their pool.
When my husband and I were renting a house, we begged our landlord to take care of this huge ash tree that was in our backyard. It looked like it was dying. He didn’t. During a storm, it fell, came through our bedroom onto our bed, and completely obliterated our neighbor’s garage. Landlord had to pay for everything. We were lucky we didn’t get hurt.
I live on a steep hill and it’s an almost unspoken rule that we all trim our neighbors trees so that we can keep our view. Those with the least expensive homes at the bottom get a free trim. My new neighbors who live above me, just trimmed our three large jacaranda trees and an oak at the cost of about $1000! They did ask first and I had a talk with the tree trimmer to make sure he did what we wanted too. The law in most places is that if the tree crosses your property line you can trim it. The neighbor can ask the tree owner to help out with cost but unless the tree is causing or may cause harm, then they can’t force the tree owner to pay. In my case, we all can say no to the offer of a free tree trim if we wanted to.
In terms of being neighborly, you might offer to kick in for a trim and that way you can also make sure they don’t mess up your trees. You certainly don’t have to and you shouldn’t feel badly if you don’t want to help them out.
To clarify, by “kick in” I do not mean pay half. I meant pay 20% or so.
Hm. I don’t know the laws where we live. I should probably find out, as we “share” trees with neighbors on both sides. For our large, fruiting tree that overhangs the neighbor’s backyard, my husband has trimmed it carefully down a few times to try and pull most of it back to our side. I don’t know if the neighbor has ever complained, but we prefer to head any problems off regardless. If it wasn’t something he couldn’t manage himself, he would probably hire a trimmer to take care of it once a year or so.
Those same neighbors have a couple of trees (a pine and something with long, feathery leaves that was very bushy) next to their fence. When they wanted to get these trees trimmed, they sent their gardeners over to ask if they could work from our side of the property. We agreed, and the only problem at all was that they cut so much of the feathery tree, we lost all our shade and privacy in two bedrooms on that side of the house. We didn’t complain, since it didn’t cost us anything.
Finally, a really dense, flower-dropping tree grows on juuuuust this side of another neighbor’s fence, but most of the leaves overhang our driveway. That one, my husband trims on our side, and I’m not sure what the neighbors do with their side.
So I guess we’re all very “don’t encroach on your neighbors if possible” around here, but we also tend to take care of our own problems. If the neighbors hadn’t been trimming their large trees and my husband (who likes a neat yard) wanted to trim them, I assume he’d just go over and ask/notify that he wanted to do the branches on our side. Of course, I also think that if the neighbors complained about a tree of ours, he might take it on or hire out the trimming himself. Probably depends on the tree and the neighbor. Our neighbors on both sides hire regular gardeners (very common even for middle class neighborhoods where we live), and I think minor hedging/trimming is often included, so they might be cutting some of our overhang already.
In the situation you described, though, I don’t think it would be wrong ethically to say “Oh, we don’t mind if you have it trimmed on your side.” But if/when they did, I would then try to maintain the trimming on a more regular basis to avoid it growing back into their yard, which would hopefully keep costs down.
We have a very large, very old oak tree that is close to the property line with our neighbors. A few years ago, they showed me a hole in their roof. They don’t speak much English, but the oldest adult daughter told me that a branch had fallen and knocked it in. I was of course concerned, but my insurance agent told me I was not liable for tree damage unless I wanted to be, but he wasn’t having any part of it. Later, I thought the branch was too small to have actually punched through, but might have struck a glancing blow. Given our neighborhood, I’m thinking raccoons did the rest of the damage since they are strong enough to dig through roofs. We’ve had squirrel damage to our roof, if you can believe it. I regretfully told our neighbors that they should refer to their *own* homeowners insurance. They were pretty disappointed, but that is what insurance is *for*. So now we are even more stand-offish with each other. *sigh*
But anyway, now, in an effort to forestall any more possible tree incidents, we have a tree company come over every 12-18 months and trim all deadwood above a certain diameter, and maintain some roof clearance. It’s not that I want to cater to my neighbors, but I do want to be considerate, so I reason that some preventive maintenance can’t hurt. This way, there are fewer large limbs that come down on them and on our cars when winter storms sweep through. Thankfully, most of the tree is well above anyone’s head already. If the neighbors tried to trim everything on their side of the line, they would most likely kill the tree, so I am willing to put some money into it. Maybe next time I’ll ask for more roof clearance for them. I don’t know if they even notice, but they can’t claim we are neglecting hazards. Hope this helps!
Me again. I forgot to mention that those same neighbors have a large sweet gum tree that not only drops gum balls all over our back yard three seasons out of the year (necessitating a never-ending cleanup), but leans dangerously toward the fence, which was already damaged by one of their trees coming down on it during an ice storm years ago. I think we’ve got a detente.
I do not know the law although logic makes me believe that the limb side has the right to trim anything that hangs on their side (at their own expense) but no more.
My personal experience: We had a very large pine tree in our front yard which drove two of my neighbors batty. One didn’t like pine needles near her driveway ::eyeroll:: the other was convinced that in the case of a hurricane the tree would fall on her house. The pine tree was huge and very old and didn’t bother me one bit. The two different neighbors first approached and asked me to cut it down. I refused politely stating that we need MORE trees not fewer. About a year later, they approached again and offered to pay to have the tree removed. At this point we had had a hurricane and I watched that tree bend and blow in the wind and thought “damn if that thing falls on the neighbor’s house I will feel terrible”. I agreed to split the cost with them. They were thrilled. I however, now have a ridiculous AC bill in the summer because the tree blocked the laser hot beams of the sun that bake my house all afternoon. But I didn’t have to remodel a neighbor’s house after my tree fell on it and pine needle crazy lady has moved on to bitching about other things.
I have a 10 acre farm in near Victoria, BC in Canada. My neighbour has demanded I trim branches that over hang his property. He insists I hire an arborist do the job. The trees in question are mature Leyland Cypress that have grown to a height of approx. 25 ft over the past 20 years. The trunks of the trees are on my property about 4 feet from the fence that separates our properties. There are some branches that do over hang but they are quite high and do not threaten any outbuildings. I believe the real issue is that my neighbour does not like the shade the trees cause on an area in his field where he intends to plant a berry patch. Does anyone know if I am legally obliged to trim the branches that over hang his property or is it his responsibility. This neighbour has a history of being in conflict with all our other neighbours and I prefer not to deal with him as he is an antagonist.
In my research into U.S. rules, I found the law varied from region to region. In my own region, the rule is that the “trunk owner” (that’s you when the trunks grow out of your land) is responsible for all dangerous branches: that is, if the branch is rotten or teetering and it hangs over your neighbor’s side of the fence, it’s your responsibility to trim/remove that branch. All shade/preference issues, however, are the responsibility/right of the person whose side of the fence the branches are on: that is, by my region’s laws, your neighbor would have the right to cut branches that cross the fence onto his side, as long as that cutting didn’t damage the tree, and as long as he hired a competent professional, and as long as he told you before he did it; it would not be your responsibility to do it. But I don’t know if this is the same situation in your country/region. I found the information for my area more easily than I’d expected: I searched something like “tree laws” or “neighbor tree fence” or something similar, and found it with a few clicks.
I live in an older home on 100 x 100 lot. I picked this house because it had mature 9 eucalyptus trees along two lot lines across the back giving me privacy and from two neighbors. So every couple of years I trim all 9 trees at once so that they are symetrical. They are about 100 feet high and provide a barriers from construction noise behind us and privacy from neighbors. Lots are hilly. Suddenly after 15 years a neighbor from behind is at the door demanding that I Remove the trees because she does not like the droppings. I told her I would trim them 25 hundred each time. No… she is shouting now she wants them poisoned at the root. What? I said NO. I love those trees. She has come over again and demands they be removed. Do I need to file a police report? I am afraid she is going to poison the trees. She threatened to poison the trees. I do not use poison in my yard ever. These are over 100 ft trees which I trim. She wants them gone. It would be ugly, A hillside would probably collapse. These are huge trees.
You are awesome for trimming the trees. Your crazy neighbor is a threat and yes you need to file a police report just in case. Install cheap outdoor video cameras as well. There are cheap motion activated [hunting] cameras that would work for you.
I am responding since I am the primary recipient of my neighbors single monstrous eucalyptus tree droppings. The owner is an old person who has refused my request to trim the tree in the 10 yrs I’ve lived here. I really, really, really dislike the tree. The leaves are insane. They are everywhere such as in/ on/ around the driveway, on the street, in every flower garden and planter and they just blow everywhere. Cars cannot be parked in my driveway lest they get a nice dose of tree/leave sap droppings that ruins paint. I rake the mother luvin leaves 3X per week that fills a very very large compost trash can for the city. Yes I really really really dislike the tree and it’s an intense dislike, akin to ‘beneath contempt’ … for a tree! I do trim it but it’s like a weed as it continues to grow. I now fear with strong el nino pattern this year in 15′ with possible related storms and deluge, the thing may fall on my garage and crush/ damage my sorta new expensive car.
In fact, during the 97-98′ el nino I live in an area where my neighbors had to be rescued by the red cross… (Santa Cruz Mts) and so many fallen trees that the mess did not get cleaned up for y e a r s. In 06′ my house was 30% crushed by one of my own fallen top halfs of a very massive sequoia redwood tree. Over 300 ft tall and abut 10ft wide… At midnight. In the middle of a storm. I know what it’s like when trees fail, so you are a saint for trimming and paying 2.5k per yr.
I have a swimming pool in my yard and my neighbor has a large tree, I don’t know what the name is but it harvests little green flowers that block my pool cleaning equipment. Everyday my pump stops because of this debree that drops down. My pool is not getting the necessary flow to keep my pool water healthy and clean so I have to clean the baskets and re-prime my pump daily to keep my pool running. My neighbor uses the tree for shade in their backyard, they have no pool. I would cut the tree down if it were mine, but the damn thing starts in his yard. Can I trim all branches to the property line that allow this junk to fall in my yard
We have exactly the same problem but the tree towers over our garage and we get very strong southerly winds – would have to cut tree down at least half it’s height.
What about if roots grow into a neighbors yard. We have a very large tree near our fence and the roots have not come through the ground but is pushing up on the ground. They say it’s hard to grown grass there as a result. Is that damaging their property? We love the tree, I would gladly chop down branches for them, but with the root issue we would have to take down the whole tree.
My neighbors have an enormous oak tree 10 feet from my property line. They live in a two family condo, so I had two husbands and two wives to deal with. I tried to get them to split the cost on trimming their tree back to the property line. They refused and didn’t want me to touch the tree. The tree was growing into my roof shingles. I found out my rights through city hall and hired an arborist to trim the tree back to the property line. They called the cops and I had to explain everything to the police, while the neighbors are swearing at me. I told the police I hired an arborist and if you know anything about arborist, the last thing any of them want to do is kill a tree. I mean this is their bread and butter. On top of everything by trimming the tree I explained to the cop and my neighbors I extended the life of the tree by an extra 50 to 75 years according to the arborist to the tune of me paying $1,500.00 for services rendered. Ooch. The cop sided with me and told my neighbors he was filing this as a nuisance call and not to bother the police again with a ridiculous complaint. I had all the ammo I needed a letter from city hall explaining my rights, the bill and the arborist card explaining every thing he was going to do and why.
And now I have two family of neighbors that hate me and my wife and don’t talk to us. It was almost worth the $1500.00 just for the peace and quiet.
I bought a house 25 years ago that had a very mature Eucalyptus tree in the rear of my house. Some limbs
very high up do hang over my neighbors property. He has never had them trimmed. I have had the tree trimmed several times over the past 2 years by an experienced arborist (who was hired by our county school system to do all the work at county school campuses. Additionally, he was required to run background checks on his employees that help to remove the tree limbs once he has cut. (He personally does my tree when I contract him to cut.)
I am a retired single woman on Social Security (67 years old) so I have to watch my expenses. I keep the tree trimmed and get any loose branches removed right away. Apparently, about a month or so ago, a branch overhanging my neighbor’s yard broke off unbeknownst to me. He never said anything to me until I greeted him one day (weeks after the branch fell) at the grocery store. He was very cranky and screamed at me that he had to repair his fence because of my tree branch. I didn’t see any evidence of this – he never told me prior to this and I didn’t see any damage to or repair activity on the fence. I am in the yard several times a day as I am at home. The neighbor is single and works 5 days per week till 5 p.m. or so. If I hadn’t run into him at the store, I would never have known. I asked him why he didn’t come by and let me know rather than letting it fester inside but he just walked away.
I don’t know what to do in this case. He as been fine on other occasions prior to this but since he took a new job, I have hardly seen him in the yard over the last year.
I live in the Tampa Bay area and the rules here are that the tree owner is responsible for trimming on their side of the fence. The neighbor may trim (within reason) anything hanging over the fence at their own expense.
Here in Florida we also have “shared” tree ownership if a tree grows on the fenceline. Our situation is with a carob tree growing on fenceline that is getting huge on our small backyards. It is also seeding more trees on the fenceline, two new ones. We asked if we could remove tree but they like the shadr. This tree is actually classified as a nuisance tree…hoe to proceed?
I have a neighbor with a giant redwood that has crosses my property line. I can no longer get out of my car without climbing side of tree roots,(really). It ruined my concrete drive way , I had to replace with gravel. I had a bid to take out but he refused. I even offered to pay. He doesn’t care about the tree , he just doesn’t want to do it. The price has gone up ten fold now and I don’t have the funds. I think this might fall under ” nuisance tree” code. CRAP!!! I live in Salem Or.