Can I trim a neighbor’s tree that hangs over my property?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I trim a neighbor’s tree that hangs over my property?

Our neighbor’s have a tree that hangs over our property and is actually pushing our fence over. Can I trim the tree without permission?

Asked on June 15, 2018 under Real Estate Law, Minnesota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

State laws vary on this issue but most courts hold the view that if a homeowner's tree is causing damage to a neighbor's property, then the neighbor can take action, such as trimming the branches back, although the neighbor must first give notice to the tree owner that they will take such action. In most cases this is the only help that is provided by the law. Also, a property owner who trims an intruding tree can only trim up to the boundary line. Additionally, they cannot cut the entire tree down, cannot destroy the structural integrity of the tree by improper trimming. That having been said, this might constitute "encroachment" (a type of tresspass), so the tree owner may be required to remove the tree. Again, laws on this kind of thing vary from by jurisdiction. You can consult directly with a local real estate attorney to be certain of your rights under specific state law.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption