Trees planted near a boundary line between residential properties can be beneficial for property owners. They can serve as a living landmark of where the boundary between properties falls. They can provide shade for both homes. Both neighbors may enjoy the visual appeal of the tree.
In some cases, trees that fall on the boundary line between properties become a source of conflict. Maybe one neighbor grows tired of raking up leaves or dislikes the sap, flowers or fruit that the tree drops. Maybe the shade damages their garden, or there are branches that could fall and damage their property.
Can the neighbor who doesn’t technically own the tree trim it to prevent it from being a nuisance?
Tree trimming is lawful if people are careful
Technically, the tree belongs to the person who owns the land where it grows. However, if the tree’s presence affects someone else’s quiet enjoyment of their real property, the neighbor impacted by the tree could legally trim it.
They can do so themselves or by hiring a professional service to take care of overhanging branches and even roots. However, it is of the utmost importance that people take appropriate care when trimming trees. If they do not, they could be liable for treble damages if the neighbor who technically owns the tree takes legal action because of the damage it sustains.
People frustrated by trees that have become a nuisance and people impacted by their neighbors’ malicious trimming efforts may need to take legal action. Reviewing the situation with a professional familiar with the state’s unique real estate statutes can help people understand their rights and obligations during a dispute about a tree.