Think Twice Before Touching Your Neighbor’s Tree – Legal Experts Warn When Pruning Could Break the Law
It's tempting to prune an overhanging branch, but don't get snip-happy just yet
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Overhanging branches can be more than a nuisance they’re also a legal minefield. The basic rule? You’re usually allowed to trim branches that cross into your property, but only up to the property line. Go further, and you could be opening yourself up to legal trouble.
We spoke to attorneys and arborists to untangle the rules. While trimming overhanging branches is generally permitted, there are important caveats: how you cut, what you do with the debris, and your local laws can all make a difference.
In short, pruning your neighbor’s tree isn’t as simple as it seems. We reveal everything you need to know below.
What Attorneys Say About Pruning a Neighbor's Tree
Wherever you are in the country, the fundamental law is that you can trim overhanging branches up to the property line, but there's a lot to bear in mind as you prune.
Attorney Jeffrey Reisman explains the general principle most homeowners rely on.
'If the branches of a neighboring tree intrude into your yard, you would generally have the legal right to trim them up to the property line,' he says. 'This principle, often referred to as the self-help rule, grants property owners the right to trim encroaching branches without requiring their neighbor's permission.'
In other words, you can usually cut back anything that crosses into your airspace, but only up to the boundary line.
Attorney Jamie Wright agrees, though she cautions that the rules can vary depending on where you live.
'You can cut branches that grow into your property up to the property line, but you can’t trespass or harm the tree,' she says.
'States differ on this; for instance, some require that you notify your neighbor, while others do not. City ordinances may also determine who is responsible for tree care and maintenance.'
The golden rule? You cannot trespass to prune a neighbor’s tree.
That’s where things can become more complicated, according to arborist Kaustubh Deo.
'Laws vary by state or city, but in many cases, you can legally prune branches that are in your property airspace, such as those coming over a fence,' he says.
'However, to safely prune overhanging branches, arborists may need to access the tree itself to set up ropes or climbing equipment. In that case, they will need the neighbor's permission, since the tree is on their property.'
Why Local Ordinances Are Important
There are some exceptions that it is helpful to understand. Some trees cannot be pruned because of local laws or homeowners' association rules.
Attorney Jeffrey Reisman explains: 'You may be prohibited from trimming the tree without getting a permit if it is also protected by local laws such as heritage tree ordinances or conservation regulations.
'Certain cities and homeowners’ associations have strict ordinances regarding liveries for trees deemed significant for their species, size, or environmental importance.'
On top of that, you cannot prune a public tree that grows onto your property.
Jeffrey says: 'If the tree is located on public land but stretches over into your property, the matter may require consultation with the municipality or parks department.'
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Give Fruit and Firewood Back
While you can usually cut back branches to the property line, ownership doesn’t transfer with the pruning. The wood, and anything growing on it, still belongs to your neighbor.
Attorney Jamie Wright explains: 'The tree owner has the right to the fruit, even if it grows on branches hanging over your fence.
'Picking it without the owner’s permission is considered theft in most states. However, if the fruit falls naturally into your yard, you are generally entitled to keep it.'
The same principle applies to the branches themselves. Even after trimming them back, you cannot automatically claim the wood for firewood or disposal.
Attorney Mark Hirsh says: 'Permission is always required. Unless a neighbor relinquishes or gives you fallen branches, they own them.'
Wright agrees, adding: 'Technically, those branches remain your neighbor’s property until they say otherwise. The safest approach is to ask. Most people won’t object to you keeping trimmed wood, but you shouldn’t assume.'
Mark Hirsch is a Co-Founder and experienced Personal Injury Attorney with an Accounting degree from Florida State University. He specializes in car accidents, as well as Longshore and Defense Base Act cases. Mark is also the founder of Prime Time Business Network. In his free time, Mr. Hirsch enjoys coaching children in sports, networking and community involvement and helping clients navigate the legal system.
When the City May Step In
There are situations where pruning isn’t just a neighborly issue; it becomes a municipal one.
If a neighboring tree is dead, diseased, or structurally unsound and poses a risk to your property, it may fall under local safety regulations. In these cases, the issue is no longer just about overhanging branches, but about hazard control.
Attorney Jamie Wright explains: 'If a tree presents a risk of falling or causing damage, most jurisdictions allow you to demand that your neighbor address it.
'If they refuse and the risk is significant, you may be able to take further action, particularly if local regulations require property owners to control hazards. In the most serious cases, you can report the issue to the city.'
Involving the city can sometimes resolve the situation without you bearing the cost. Local authorities may require the tree owner to prune, maintain, or even remove a hazardous tree at their own expense.
However, before escalating matters, it’s wise to seek legal advice. Attorney Jeffrey Reisman says: 'You would need to obtain legal advice from a property or real estate lawyer specializing in your specific situation.
'Local government mediation offices, urban forest departments, or zoning offices may also provide invaluable assistance.'
He adds that trees may be officially deemed hazardous due to dead, diseased, or dangerously leaning branches, allowing you to file a formal complaint with your city or county regarding maintenance or removal at the owner’s expense.
What To Do if Your Neighbor Prunes Your Tree
There are a few things to consider if you find yourself on the other side of the issue. 'If a neighbor cuts your tree lawfully (only what stretches out to their lot), then you can do nothing,' says Jamie.
'However, if they over-trimmed or harmed the tree, they might be responsible for the damages. Some states, including California, allow you to seek damages from the offender, which can be up to three times the value of the tree.'
The best way to establish harm is to have an arborist look at the tree. Kaustubh Deo advises 'If a neighbor prunes your tree in an unwanted manner, the first step would be to call an ISA-Certified arborist to come examine the results.
'There's a meaningful difference between what looks good and what may actually be healthy for the tree. A trained professional can help you with that distinction, and then provide a course of next action.'
Trees aren't the only potential boundary issue with a neighbor. There are a lot of potential legal issues with building a pergola next to a neighbor's fence or establishing who is liable if a neighbor's tree falls in your yard.
Even establishing who owns a fence in the first place can be tricky, so it's no wonder that fences can cause so many legal headaches.
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Jeffrey Reisman has been practicing criminal law since 2001. First as a prosecutor and then as a defence attorney, Jeffrey has appeared in several Courts in both the U.S. and in Canada, including the American Federal Courts, specifically the Middle District of Florida and Florida Circuit County Courts.
Kaustubh is the owner, CEO, and General manager of Blooma Tree Experts. Blooma Tree Experts provides high-quality tree care around the Greater Seattle Area and features an experienced team of ISA-Certified Arborists
Jamie E. Wright is a trial lawyer and principal of the J. Wright Law Group P.C. Before launching her successful solo practice, Wright spent over a decade in the defense bar practicing employment law, breach of contract and tort cases at several large and mid-size firms, representing municipalities, school districts, and Fortune 100 companies.
