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Tree Disputes With Neighbors: Branches, Roots and Fallen Trees

Photo: Marlene Céline Nordvik / Unsplash

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

  1. Photograph the problem and the tree.
  2. Notify the neighbor in writing about hazards.
  3. Contact your insurance company and the neighbor's.
  4. Hire a licensed arborist for an assessment.
  5. 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.

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