Trees cause many neighbor disputes. The rules vary by state, but a few common principles apply.
Who owns the tree
A tree is typically owned by the person whose land the trunk grows on. A tree on the boundary line may be jointly owned, and neither owner may remove it without the other's consent.
Branches and roots
- Many states let you trim branches and roots that cross onto your land, up to the property line, as long as you do not kill or severely harm the tree.
- Some states allow neighbors to recover costs or damages for harm caused by encroaching trees.
- Check local tree protection ordinances before cutting.
Fallen trees and damage
If a healthy tree falls in a storm, your homeowners insurance usually covers damage to your own property, regardless of whose tree it was. If a neighbor knew a tree was dead or hazardous and did nothing, they may be liable.
What to do
- Photograph the problem and the tree.
- Notify the neighbor in writing about hazards.
- Contact your insurance company and the neighbor's.
- Hire a licensed arborist for an assessment.
- Consider mediation or small claims.
Frequently asked questions
Can I remove fruit or leaves?
Generally you can pick what falls on your land, but not take from the neighbor's tree.
Who pays for removal after a storm?
Usually the owner of the property where the tree fell, subject to insurance.