Living alongside neighbors can be tricky. Whether sworn enemies or close friends, sharing space with people brings plenty of potential flashpoints for petty arguments.
This is especially obvious when it comes to issues along property boundaries, and it can be a thorny issue when it comes to trees. Trees growing into your property belong to your neighbor but cause issues in your yard, so untangling legal responsibility feels daunting.
I spoke to expert attorneys and arborists about whether you're allowed to prune a neighbor's tree. The golden rule is that you usually can prune a tree branch up to a property line, but there are significant caveats and exceptions to bear in mind.
You can prune a neighbor's tree - but only up to the property line
Wherever you are in the country, the basic law is that you can trim overhanging branches up to the property line, but there's a lot to bear in mind as you prune.
Attorney Jeffrey Reisman explains the usual principle. 'If the branches of a neighboring tree intrude into your yard, you would generally have the legal right to trim them up to the property line. This principle, often referred to as the "self-help" rule, grants property owners the right to trim encroaching branches without requiring their neighbor's permission.'
Attorney Jamie Wright agrees, but adds that some states require you to tell your neighbor if you plan to prune their tree. 'You can cut branches that grow into your property up to the property line, but you can’t trespass or harm the tree. States differ on this; for instance, some demand that you tell your neighbor, while others do not. City ordinances may determine who is to pay for tree care and maintenance. The golden rule?'
As Jamie explains, you cannot trespass to prune a neighbor's tree. Arborist Kaustubh Deo warns that: 'Laws vary by state or city, but in many cases, you can legally prune branches that are in your property airspace (such as those coming over the fence). But in order to safely prune overhanging branches, your arborists may need to access the tree itself to set up ropes or other climbing devices. In that case, they will need the neighbor's permission to access the tree as it is on their property.'
Beware local ordinances
However, there are some exceptions. There are some trees that cannot be pruned because of local laws or homeowners' association rules.
Attorney Jeffrey Reisman explains: 'You may be prohibited from trimming the tree without getting a permit if it is also protected by local laws such as heritage tree ordinances or conservation regulations. Certain cities and homeowners’ associations have strict ordinances regarding liveries for trees deemed significant for their species, size, or environmental importance.'
On top of that, you cannot prune a public tree that grows onto your property. Jeffrey warns: 'If the tree is located on public land but stretches over into your property, the matter may require consultation with the municipality or parks department.'
Sight lines are no excuse
You can only prune trees if they extend onto your property. If the trees do not grow onto your property, you can't touch them. This can be frustrating if your neighbor plants trees or hedges that block your view or create shade that hampers your plants.
Attorney Jamie Wright warns: 'Just because a tree obstructs your view, you have no right to cut it. There are view ordinances in some cities, especially in California, that may help, but you might have to try to work with your neighbor or take legal action instead of cutting it yourself.'
Talk to the city about safety
There are also cases when a city can mandate that tree branches be cut down. If your neighbor's tree is dead or diseased and could damage your property, your best solution might be to talk to the city. This is not only a safety issue, but it can even save you money, because the city may ask your neighbor to prune the tree themselves.
Jamie Wright says: 'If a tree presents a risk of falling or causing damage, most jurisdictions allow you to demand that your neighbor cut it. If they refuse and it presents a significant risk, you may be able to act, particularly if local regulations mandate that property owners control hazards. In the most severe cases, you may be able to report the problem to the city.'
However, it's smart to get legal advice in this situation. Jeffrey Reisman says: 'You would need to obtain legal advice from a property or real estate lawyer specializing in your specific situation.
'Local government mediation offices, urban forest departments, or zoning offices may also provide invaluable assistance. Trees may be deemed hazardous due to dead or dangerously leaning branches that allow you to file a formal inquiry with your city or county as to the tree's removal or maintenance at the owner's expense.'
Beware of tree disease
However, you need to be very careful when pruning the tree. Poor pruning techniques can damage or even kill a tree.
Jamie Wright warns: 'You can be liable for financial consequences if your trimming results in disease or death of the tree. Usually, courts support the tree owner, so it is advisable to seek the counsel of a professional arborist before making significant cuts.'
If you're just removing a single branch, be sure to use the 3-cut method. Cut a foot along the underside of the branch, 1/3 of the way through. Then, roughly half an inch up the branch, cut all the way through. Finally, go to the collar of the tree and make your final cut along the angle of the branch. This method prevents bark from ripping, which is one of the most common causes of tree disease.
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Give any fruit and firewood back
While in most cases you can cut a branch up to a property line, you cannot take the branch for yourself. Say your neighbor has an apple tree growing over the fence, so you prune the branch back to the property. If there is fruit on the branch, you have to give it back.
Jamie Wright warns: 'The tree owner has the right to the fruit, even if the fruit grows on the tree that hangs over your fence. Picking it without the owner’s permission is theft, according to the law of most states. But if the fruit falls into your yard on its own, then you are legally in the right.'
Nor can you use pruned branches as firewood. Attorney Mark Hirsh says: 'Permission is always required. Unless a neighbor relinquishes or gives you fallen branches, they own them.'
Jamie Wright agrees, adding: 'Technically, those branches are still your neighbor’s property until they say otherwise. The way to go? It’s always best to ask. Most people won’t have a problem with you using trimmed wood, but you don’t want to assume the consequences.'
If in doubt, hire an arborist
If all of this worries you, you should hire an arborist. This will help to prevent any legal trouble. Kaustubh Deo says: 'We strongly encourage homeowners to have a chat with their neighbor about the tree, and then jointly agree to bring in an ISA-Certified Arborist to make recommendations about how to best manage the tree.
'This will also be cheaper, as the arborist can prune both sides of the tree at the same time, and split the cost between the two property owners.'
If you do it yourself, make sure you have a record of pruning. Jeffrey Reisman advises: 'As a protective measure, take an observational pre-pruning record with good photos of the overhanging branches and copies of any communication with your neighbor.
'If you're uncertain about how much pruning is legal, hire a certified arborist; this will ensure that the pruning is done properly without damaging the tree. This documentation will help protect you in case of a dispute.'
What if my neighbor prunes my tree?
There are a few things to consider if you find yourself on the other side of the issue. 'If a neighbor cuts your tree lawfully (only what stretches out to their lot), then you can do nothing,' says Jamie.
'However, if they over-trimmed or harmed the tree, they might be responsible for the damages. Some states, including California, allow you to seek damages from the offender, which can be up to three times the value of the tree.'
The best way to establish harm is to have an arborist look at the tree. Kaustubh Deo advises 'If a neighbor prunes your tree in an unwanted manner, the first step would be to call an ISA-Certified Arborist to come examine the results.
'There's a meaningful difference between what looks good and what may actually be healthy for the tree. A trained professional can help you with that distinction, and then provide a course of next action.'
Trees aren't the only potential boundary issue with a neighbor. There are a lot of potential legal issues with building a pergola next to a neighbor's fence or establishing who is liable if a neighbor's tree falls in your yard. Even establishing who owns a fence in the first place can be tricky, so it's no wonder that fences can cause so many legal headaches.
