What to do if your neighbor's tree is blocking sunlight from your yard – an attorney explains the rules to follow to avoid legal consequences

Unless you're lucky enough to have a south-facing backyard, it's likely you try to make the most of however much sun comes into your garden. That's why it can be annoying when your neighbor's tree is blocking sunlight from your yard, limiting exposure to your plants and the warmth for you to enjoy in your outdoor space.

You shouldn't be too quick to cut back your neighbor's tree, however. Just like pruning your neighbor's tree that is hanging over your yard, there are some important legal regulations you need to take into consideration. Failing to comply could leave you in a sticky legal situation, costing you a fine or a more serious consequence.

Navigating the rules and regulations can be difficult, so I'm here to help. I asked a legal expert to break down what you can do if your neighbor's tree is blocking sunlight from your yard. They also outlined when you absolutely cannot take any action to help you avoid costly repercussions.

What to do if your neighbor's tree is blocking sunlight from your yard

In the US, there is no 'right to light' as there is in the UK (although this only provides protection for access to natural light indoors, not in backyards).

This means there aren't really legal grounds for you to claim your neighbor is blocking too much sunlight from your yard. Nevertheless, this doesn't mean all hope is lost.

Here, a legal expert explains what you can and can't do about your neighbor's tree blocking sunlight from your yard.

Don't prune your neighbor's tree without permission

Just like cutting a neighbor's hedge and pruning your neighbor's ivy, you cannot cut anything beyond your side of the property line. This includes tree branches on your neighbor's property that are blocking sunlight from your yard.

'You cannot prune a tree belonging to a neighbor for which you must set foot on their property without permission, as it is considered trespassing,' explains attorney Jeffrey Reisman.

Not only this, but pruning tree branches on your neighbor's side can also make you liable for destruction to property.

'If you prune excessively or damage a tree of considerable worth to your neighbor, they may choose to initiate a lawsuit alleging damage to their property,' Jeffrey explains.

Other regulations that may prevent you from pruning your neighbor's tree include HOA rules and heritage or conservation policies specific to the type of tree it is.

'In general, it may be best to avoid any legal quandary and discuss any pruning with your neighbor first and get some expert advice on the proper techniques from an arborist if needed,' Jeffrey advises.

Jeffrey Reisman

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.

You can cut branches up to your property line

If your neighbor's tree is blocking sunlight from your yard simply because it has branches overhanging onto your property, you can prune branches up to the property line.

Jeffrey notes this usually falls under the 'self-help' rule, allowing property owners to trim branches encroaching on their land without seeking permission from neighbors. However, he advises approaching this with careful thought:

'One must remember not to endanger the health or stability of the tree as a result of the pruning,' he says. 'If the tree starts to decline or die due to your oversight in excessive trimming, you may be liable for damages, which include the cost of replacing it,' Jeffrey adds.

For this reason, it's always worth researching tree pruning mistakes, including the best time of year to trim the specific type of tree you're dealing with. Plus, it can be helpful to seek professional arborist advice to maintain good tree health.

Above all, communicating with your neighbor about why you wish to cut back their tree is always a good first point of call for a civil, amicable resolution.

When cutting branches back, make sure you're also equipped with essential pruning tools to do the job properly:

FAQs

Is there a tree height limit in backyards?

Generally speaking, there is no widespread tree height rule across the US. However, there may be some restrictions set by local ordinances and HOAs. For this reason, it's worth researching local regulations on this matter before planting a tree in your yard or speaking to your neighbor about their trees.

Of course, it's not just trees that may be casting shade over your yard. You might also wish to read our guide on building a pergola next to a neighbor's fence and what you can do if your neighbor has a similar structure blocking sunlight from your yard.