Can you trim a neighbor’s tree hanging into your yard? Here’s what to know

We often plant trees and shrubs near property lines for screening. Other times, it’s the only way to keep them at a safe distance from the house. Unfortunately, those trees don’t consider property lines when they grow. Most of us have at least one branch from a neighbor’s property extending over our fence. If that branch starts to look overgrown, impede a driveway, or shade a favorite flower garden, you might find yourself wishing it wasn’t there. So can you trim a tree that’s hanging over your fence if it isn’t yours?

In most cases, you can prune a neighbor’s tree that crosses onto your property line. But there are a few things to know before you pull out the pruning saw.

Can You Cut A Neighbor’s Tree If It Hangs Over Your Property?

In the U.S., you can generally cut the branches of a neighbor’s tree when they hang over your side of the fence. In fact, whatever overhangs your property is considered your responsibility. But there are a few caveats here:

• Only cut branches up to the property line. If the tree trunk is growing on your neighbor’s property, you’ll have to ask for permission to cut further or completely remove a branch.
• Stay on your property while pruning. If you need to cross over to your neighbor’s property to reach something, ask first.
• Even if a tree belongs to your neighbor, do not throw pruned branches onto their property for cleanup. You are responsible for disposing of the yard waste.
• If pruning everything on your side would severely damage or kill a tree, hold off for now. Your locality or state may prohibit this. Look into local ordinances and laws, then talk to your neighbor to see if there’s a better solution for pruning the tree.

Who’s Liable If A Branch Falls?

There are good reasons to take care of dead, diseased, or overburdened branches that hang across your fence. For one thing, you’ll probably be liable if the branch falls and causes damage on your property. This means you’ll have to remove the branch yourself, make repairs, and pay for the damage. There are some exceptions to this guideline, like when a neighbor allows a sickly tree to decline rather than taking care of the problem.

Can I Ask My Neighbor To Trim Their Trees?

You certainly can ask a neighbor to trim a tree that’s overgrown and encroaching on your property. But that doesn’t mean they have a responsibility to prune anything on your side of the fence. It’s helpful to know local rules first, especially if you have a homeowners association. You may be able to come up with a compromise, like splitting the cost of tree pruning.

How Close Should You Plant A Tree To The Property Line?

You can avoid a lot of problems by planting trees far enough from the property line that they’re easy to care for without encroaching on your neighbor. Here are some tips on where to plant trees:

• Don’t plant trees right on the property line, which can cause confusion over who owns the tree (the answer may be both of you). Most trees should be placed a minimum of 3 or 4 feet from a neighbor’s property.
• If you’re planting privacy screening with an evergreen like arborvitae or cypress, look up how large the trees will get when they mature. Then place them at least half of that width away from the property line. Otherwise, your neighbor may end up hacking off one side of the tree and ruining its appearance.
• With larger trees, remember that the trunk’s diameter will grow considerably. A tree that is planted near the border of your yard could eventually end up on the property line. If you want to have control over pruning, plant the tree so the trunk will always remain on your side and most of the mature canopy will, too. A large tree may require 10 or 20 feet of space on either side for growing.

Read the original article on Southern Living