previous
  • Colorful Selections for Shade
    Colorful Selections for Shade
  • Stylish Shady Containers
    Stylish Shady Containers
  • Comfortable Alfresco Dining
    Comfortable Alfresco Dining
  • Pretty in Pink
    Pretty in Pink
  • Elephant's Ears
    Elephant's Ears
  • Save Money by Growing Your Own
    Save Money by Growing Your Own
  • Lawn Alternatives
    Lawn Alternatives
  • Garden Confidential: A Plant Walks into a Bar
    Garden Confidential: A Plant Walks into a Bar
  • Homegrown / Homemade
    Homegrown / Homemade
  • Dwarf Citrus Trees
    Dwarf Citrus Trees
  • Designing with Curved Terraces
    Designing with Curved Terraces
  • Containers as Focal Points
    Containers as Focal Points
  • Plant an Easy-to-Water Strawberry Jar
    Plant an Easy-to-Water Strawberry Jar
  • Plants that Spark!
    Plants that Spark!
  • Fast-Growing Trees for Impatient Gardeners
    Fast-Growing Trees for Impatient Gardeners
  • Building a Compost Bin
    Building a Compost Bin
  • In Pursuit of the Perfect Potting Shed
    In Pursuit of the Perfect Potting Shed
  • 6 Tips for Weed Control
    6 Tips for Weed Control
  • Indeterminate or Determinate Tomatoes?
    Indeterminate or Determinate Tomatoes?
  • Mulch for a Healthy Garden
    Mulch for a Healthy Garden
  • Fragrant Plants for Pathways
    Fragrant Plants for Pathways
  • NEW Video Series: There's a Better Way
    NEW Video Series: There's a Better Way
  • Thoughts From a Foreign Field
    Thoughts From a Foreign Field
  • Slideshow: Beautiful Clematis
    Slideshow: Beautiful Clematis
  • Make a Succulent Topiary
    Make a Succulent Topiary
next

Trees on property lines

Q: My neighbor’s tree seems to be declining, and I’m worried about it dropping limbs into my yard. Is my neighbor responsible for removing the limbs, or can I do this?

Diana Davidson, Oakland, CA

Tree branches that reach over property lines should be a concern for owners of both homes. Tree branches that reach over property lines should be a concern for owners of both homes. Photo/Illustration: Melissa Lucas

A: Liz Karns, an attorney in Illinois who deals with litigation, responds: The problem you describe is literally as old as our justice system. Old British law cases address this concern, as do early American judgments. There are several issues to consider: pruning, future damage, and neighborliness. First of all, in every state in the Union you have the right to self-help regarding pruning of branches that hang onto your property. This means that you can prune anything that spills over into your yard. But you cannot lean over the boundary line and prune into your neighbor’s yard—that is trespassing. You cannot force your neighbor to prune or do tree maintenance unless there are local laws or ordinances that address hazardous trees. These are fairly rare, but it is worth checking with your local municipality.

Second, if the tree appears to be declining in health, you need to notify your neighbor of your concern. This is known as giving notice of the potential liability that would result if damage occurred. The notice should be given orally and then in writing so that you both have a record of your concern. It’s hoped that, at this point, the neighbor will take the hint and address the issue with an arborist. In every state, the law differs as to the potential recovery for damage; in some states, it is a nuisance issue, while others treat it as a negligence problem.

Neighborliness is the last issue, but it is the first part of every legal problem. Be a good neighbor—take care of your own property and share the bounty of your garden. If you have a good relationship with your neighbor, it will be easier to resolve problems, should they arise.

From Fine Gardening 114, pp. 24