What to Do If Your Neighbor’s Tree Overhangs Your Property
Sometimes it seems that living in society would be much better if we didn’t have to constantly deal with all these other people . If you own a home, you know that your neighbors are both one of life’s greatest blessings, but often their biggest pain in the ass . On the one hand, sometimes you wake up and they are clearing the snow off your sidewalk, and when you go on vacation, they check on your cat! On the other hand, things can get really tense when disputes arise unexpectedly—for example, when your neighbor’s tree overhangs your fence.
This may not seem like a big deal at first, but overhanging branches can cause problems. They damage your property by throwing leaves everywhere; They can scratch roof shingles, crash into windows during high winds, and become entangled in power lines. Underground, tree roots can penetrate sewers and plumbing. This tree may be beautiful and you can enjoy its shade on sunny days, but if it becomes a problem, what can you do?
Law of the Tree
America isn’t so much a big country as it is a collection of tiny countries in each other’s capes, so laws governing trees and property will vary from state to state—you’ll have to do a little local research if you’ve got a situation brewing with your neighbor’s tree . However, there are three things that are almost certainly true about your neighbor’s tree:
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It has value. Of course it is a tree, and it apparently grows out of the ground free of charge, as if by elven magic. But the tree on your neighbor’s property has monetary value. First, your neighbor could pay for the tree and plant it. There are other benefits, such as the carbon offset of this tree, the cooling effect of its shade, or the fruits it produces. The USDA Forest Service offers a free calculator that estimates the economic benefit of a tree , which isn’t conclusive but gives you some idea of how someone might determine its value.
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This is your neighbor’s property. If the tree trunk is entirely on your neighbor’s property, no matter how much it overhangs yours, it belongs to him, just like everything else in his yard. If a trunk crosses a property line, it is likely considered a boundary tree —community property. This means that you have as much say and responsibility for it as your neighbor, but you still can’t make decisions about it unilaterally.
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You have the right to protect your property. If tree branches cross the property line, you have the right to trim them, especially if they threaten to cause damage. But you cannot go beyond the boundaries of your property under any circumstances.
This last point makes it all seem very clear and simple: if a tree is causing chaos on your side of the fence, get out there and cut it back to the property line. While you have the right to do so, you should think twice for one simple reason: if you touch your neighbor’s tree and damage it, destroy its aesthetic value, or outright kill it, you may be held liable for the damage and the cost of treating or replacing it. The amount can reach thousands of dollars , especially if it is an expensive ornamental tree that is part of a holistic landscape design.
How to trim
Therefore, you should be careful if your neighbor’s tree is encroaching and needs pruning. Here’s your best approach:
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Talk to your neighbor. This liability goes both ways: since the tree is your neighbor’s property, if it damages your property, you can hold him liable. Approach your neighbor and ask if they will help trim the tree or give explicit permission to do the work on your end, relieving you of responsibility – they may have an incentive to do this if the tree is causing damage. If it’s a boundary tree, you’ll have to negotiate with your neighbor to do something anyway.
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Call your power company. If the offending tree is near power lines, you can probably call your local utility company and schedule a free tree trimming . Most utility companies have arborists on staff, and they are more than happy to clear branches from power lines to avoid damage. However, keep in mind that the utility may trim more aggressively than you want. Also, keep in mind that if you receive a warning about trees near power lines on your property (or your neighbor’s property), utility companies can come and trim them at any time without your permission. Electric utilities have easements on all private property, allowing them access for maintenance and repairs.
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Hire a professional. The further you stay away from tree trimming, the less likely you are to have problems. You’ll need a company that has a certified arborist on staff because trees are living things and they come in many different varieties. An arborist can identify a tree and prescribe the correct way to prune it without damaging it or making it vulnerable to disease.
A tree growing right on your property line offers many free benefits, but also free problems. If the latter begins to outweigh the former, be careful: trimming your neighbor’s tree may open a can of worms.