Tree Law: Common Property Line Rules And FAQs

When you buy a house, it’s usually clear the rights and responsibilities you have when it comes to your new home and the landscaping in your yard. However, there’s a bit less clarity when it comes to trees that are on your property line or that are technically in your neighbor’s yard but infringe on your property.

That’s where tree law comes in. Tree law governs the rights that each party has when it comes to trees on and near their property, as well as their responsibilities. Tree laws are typically governed by local governments, including states, counties and cities. However, there are some general guidelines that apply in most areas.

Who Owns A Tree On A Property Line?

In most states, if the trunk of a tree is located on your side of the property line, the tree would be considered your responsibility, and vice versa for your neighbor. However, any trees that are located on a property line are the shared responsibility of both homeowners on either side of the boundary.

Trees located on property lines are called boundary trees. They are jointly owned by all homeowners whose property they border. That means that all homeowners have both rights and responsibilities to the tree.

It’s worth noting that ownership of boundary trees may vary slightly by state. It’s important to learn the local laws to verify ownership of trees on your property line.

Common Laws Regarding Neighborhood Trees

There are different laws that govern who has the right to tend to boundary trees and those on either side of the property line, as well as who has the right to plant a tree in a shared space.

Maintaining A Boundary Tree

A boundary tree, meaning one that sits on the property line, belongs to – and is the responsibility of – both homeowners. Legally, you’re not allowed to enter a neighbor’s property, even to maintain a tree. Therefore, if a tree is on a property line, you’re each responsible for the upkeep on your side of the tree.

This arrangement can obviously lead to property line disputes or arguments if the parties disagree about tree maintenance. As a result, it’s best to avoid planting a tree on the property line, if possible.

Trimming A Neighbor’s Tree

It’s important to understand homeowners’ rights concerning the property line to know what you can legally do about overhanging branches, shrubs and hedges from a neighbor’s tree. Typically, you have a right to cut any part of the tree that grows into your yard, including branches, trunks or roots.

This would include trimming up to the property line, but not beyond it. If you damage the tree, you can be held liable for damages and penalties – which courts have found to be as much as three times the value of the tree.

If a tree is fruit-bearing, technically, you’re not legally entitled to any fruit off of the tree, even if it lands in your yard. Fallen fruit may become your property if it lands in your yard – but in some areas, even fallen fruit is considered the property of the tree owner.

There is no recourse for leaves falling from the trees. Once they fall into the yard, they are considered a natural product and the tree owner is not responsible for cleaning them up.

Pruning A Tree On Your Own Property

Legally, any trees on your property belong to you. Even if they sit near the property line or the branches close to it, your neighbor isn’t legally allowed to trim your tree or prevent you from doing so. Similarly, you have the right to trim – or even cut down – any tree on your property.

Just remember that if your tree has branches that hang across the property line and over your neighbor’s yard, they have the right to trim any part of it that crosses into their yard.

If you plan to cut down a tree in your yard, especially one near the boundary line, consider letting your neighbors know before the work begins. Tree removal can be noisy and messy, and the polite courtesy of the advance notice is likely to be appreciated.

Planting Boundary Trees

One of the best ways to avoid a legal dispute over trees is to use caution and follow all local regulations regarding the planting of trees near property lines. In general, if any part of the tree’s trunk is on your property, you are the owner.

So, if a tree sits on the property line, it’s considered common property and you are both owners. For this reason, you can’t legally plant a tree on the property line without permission from your neighbor. It’s best to plan trees three to four feet from all property lines to leave room for future growth.

On the other hand, if a neighbor plants a tree on your property line and you don’t like it, the best thing to do is address it as quickly as possible. Give them the benefit of the doubt that they don’t realize it’s impeding on your space or could cause a long-term issue. Trees are often expensive, and your neighbor might think they’re doing you a favor by “giving” you a tree.

If the conversation with your neighbor doesn’t go well, consider turning to your neighborhood HOA or city to find out if they’re in violation of any codes. Finally, you could contact a lawyer specializing in tree law to help mediate the situation. But remember, the easiest, cheapest and friendliest way to deal with a tree dispute is to try talking to your neighbor.

Tree Law FAQs

To learn more about tree law, read these frequently asked questions about common rules relating to trees on or near property lines.

Who is responsible for a tree on an easement?

An easement allows someone other than a property owner to legally access the property, usually for a specific purpose. If you own the property in question, you are most likely responsible for the upkeep of the tree. However, depending on the nature of the easement, some easements may specifically address this topic. For example, in the case of a utility easement, the utility company may be allowed to trim or even cut down trees, especially if it’s a matter of safety.

Can I trim my neighbor’s tree if it overhangs my property?

You have a right to trim any part of the tree that overhangs onto your property. However, you aren’t allowed to trim any part of the tree that sits on or hangs over your neighbor’s property.

What can I do if my neighbor’s tree roots damage my property?

Depending on where you live, you may be eligible for damage to your property caused by your neighbor’s tree spreading onto your property. Because the roots sit on your property, you may be able to trim or maintain them yourself, as needed. However, in some states and some cases, you may be able to sue for damages, especially if there’s serious damage done to your home.

Can I cut down my neighbor’s tree if it’s going to fall on my house?

Unfortunately, even if it seems a neighbor’s tree is about to fall on your house, you aren’t allowed to go onto their property to cut down the tree. The only portion of the tree you can maintain is the part that overhangs onto your property.

Your neighbor is legally responsible for maintaining their own tree. If you fail to do so and the tree falls on your home, you could sue for damages. However, it may be in your best interest to speak with your neighbor before the damage is done to see if they’re willing to remove or trim the tree as needed.

The Bottom Line: Talk To Your Neighbors Before Trimming A Boundary Tree

Tree law isn’t something most people think of when they purchase a home, but it can result in property disputes and hard feelings between neighbors. The good news is it’s actually quite simple – each neighbor is responsible for whatever part of a tree sits on their property line.

Knowing your property lines is critical when it comes to resolving tree law issues. If you haven’t already, make sure to find your property lines to confirm which trees are your responsibility and have a right to trim as needed.