Can You Cut Your Neighbor’s Tree If It Hangs Over Your Yard? A Lawyer Explains What Gardeners Should Know First

When I was a child, I was in love with trees. For years I thought the chorus of the song “America the Beautiful” ended “from tree to shining tree.” But now that I am a homeowner with a law degree, I have come to the conclusion that trees cause frequent issues between neighbors.

Like most living things in nature, trees start small and get bigger as they mature. And it’s usually the growing issue that causes problems. Trees grow tall and lean over the boundary fence; their branches grow wide and extend into the neighbor’s yard or over their house. Is pruning mature trees that belong to your neighbor kosher? Is it even legal?

Don’t worry. I’m here to give you the scoop. (I cover more questions like this in my Gardening Lawyer series, drawing on my experience as both a gardener and former attorney.)

It’s Not the Tree’s Fault!

Unlike humans, trees never act maliciously or with revenge in mind. (Yes, I’ve also read stories about trees that kill the tree-cutter as they fall, but nobody proved tree ill-will was responsible.) They are planted in landscapes to add shade, beauty, and shelter for wildlife, and they grow tall and wide to accomplish these ends. So if your neighbor’s tree trunk or branches extend into your yard, don’t blame the tree; have a talk with your neighbor.

It pays to know something about trees before you plant them in your yard. Their tendency to grow is well known (who hasn’t heard the saying: "Great oaks from little acorns grow"? ) But many homeowners install trees without thinking things through and, years down the road, that can be a problem for the neighbor. Everybody knows that redwoods can get very tall, but who knew that a mountain ash can soar to 330 ft (100 m)? Even an ornamental cherry tree can get to 50 feet (15 m) tall and 40 feet (13m) wide.

The problem arises when a young sapling is planted on or near a property line and, over time, it hangs over into the neighboring yard. A responsible neighbor will trim their trees to make sure this doesn’t happen, but the fact is, it happens all the time. You see the offending limb encroaching on your yard and you have a Fiskars pole saw tree pruner from Home Depot already in your virtual shopping cart. You ask yourself, "How much harm could really come from just a quick prune?" If it happens to you, it pays to know your legal options.

Can I Cut the Neighbor’s Tree?

Here’s the scoop: if the tree is growing on your neighbor’s property, you can cut off any part of the tree that extends over the property line into your yard. But this is a case with a lot of “buts” so it pays to read the fine print.

How Best to Proceed

If a neighbor’s tree has grown so that branches are hanging over the property line into your yard, the best first step is to find out the law that applies in your state, in your town, and in your residence. Talk with an attorney if you have a hard time figuring out what the law provides.

After that, talk to the owner of the property. This may be your neighbor, but it might not, if the property is rented. Describe the problem and ask for their cooperation. If you can afford it, offer to split the cost of hiring an arborist to trim the trees on the property. As an alternative, propose cutting the branches at the property line yourself, with the owner of the adjacent property present.