Is it Legal to Trim a Tree Hanging Over the Fence?

by Christina Piper
    Take care not to harm the tree when trimming branches.

    Take care not to harm the tree when trimming branches.

    You usually have the right to trim branches that overhang your fence, but the work should be undertaken with attention to your obligations, and the effect of your actions on the tree. Often conflicts between neighbors about trees have to be resolved in court, and it's prudent not to underestimate the extent of the trimming project.

    Trees and the Law

    The growth habit of trees creates complications between neighbors. The canopy of a tree may extend over the adjacent lot, and if a young tree is planted near the boundary, the trunk may grow large enough to cross over the property line. Tree law varies, depending on where you live, and often disputes are resolved in court by referring to case law. Some states, such as California, address tree issues in more detail to clarify what you can and can't do when a tree planted next door impacts your own property.

    Tree Ownership

    A tree usually belongs to the property where its trunk stands. When the tree trunk overlaps the property line, it's not always clear who owns the tree. In some jurisdictions, the tree belongs to the owner of the property it was planted on; while in other places, such as California, it becomes a boundary tree, shared jointly by the neighboring landowners. Maintenance of a boundary tree is up to the affected property owner, but both owners must agree to any work that affects the whole tree.

    Responsibilities of Tree Owners

    In most states, the owner of the tree has a legal responsibility to prevent it from causing harm to the adjacent property, and that may include cutting back branches or roots, if they have the potential to cause injury or damage, or it's shown to have harmed the adjacent property. If a tree -- or tree limb -- falls and damages the property, the tree owner may be liable for damages if it can be proved that the tree failed due to neglect of the tree's maintenance.

    Rights of Tree Owners

    Every state allows property owners to trim branches or roots that overhang the property line, but it's advisable to notify the owner of the tree first and give them the opportunity to do the work. You can trim the tree branches up to the property line, but you can't trespass on the tree owner's property without permission, unless a branch poses potential harm. You may be liable for costs if the structural integrity of the tree is harmed, and some state laws also protect the aesthetic appearance of the tree.

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