Trees FAQ
Frequently asked questions to help you deal with troublesome trees.
What's Below:
Can I trim the branches of the neighbor's tree that hang over my yard?
My neighbor's tree looks like it's going to fall on my house any day now. What should I do?
Can I trim the branches of the neighbor's tree that hang over my yard?
You have the legal right to trim tree branches up to the property line. But you may not go onto the neighbor's property or destroy the tree itself.
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Most of a big oak tree hangs over my yard, but the trunk is on the neighbor's property. Who owns the tree?
Your neighbor. It is accepted law in all states that a tree whose trunk stands wholly on the land of one person belongs to that person.
If the trunk stands partly on the land of two or more people, it is called a boundary tree, and in most cases it belongs to all the property owners. All the owners are responsible for caring for the tree, and one co-owner may not remove a healthy tree without the other owners' permission.
My neighbor dug up his yard, and in the process killed a tree that's just on my side of the property line. Am I entitled to compensation for the tree?
Yes. The basic rule is that someone who cuts down, removes or hurts a tree without permission owes the tree's owner money to compensate for the harm done. You can sue to enforce that right -- but you probably won't have to, once you tell your neighbor what the law is.
My neighbor's tree looks like it's going to fall on my house any day now. What should I do?
You can trim back branches to your property line, but that may not solve the problem if you're worried about the whole tree coming down.
City governments often step in to take care of, or make the owner take care of, dangerous trees. Some cities have ordinances that prohibit maintaining any dangerous condition -- including a hazardous tree -- on private property. To enforce such an ordinance, the city can demand that the owner remove the tree or pay a fine. Some cities will even remove such a tree for the owner.
You might also get help from a utility company, if the tree threatens its equipment. For example, a phone company will trim a tree that hangs menacingly over its lines.
If you don't get help from these sources, and the neighbor refuses to take action, you can sue. The legal theory is that the dangerous tree is a "nuisance" because it is unreasonable for the owner to keep it and it interferes with your use and enjoyment of your property. You can ask the court to order the owner to prune or remove the tree. You'll have to sue in regular court (not small claims court) and have proof that the tree really does pose a danger to you.
