Trees and Property Lines: 9 Things All Neighbors Need to Know for Storm Season

We may earn revenue from the products available on this page and enter in affiliate programs . Learn More ›

Trees do more than bring home the bacon solace summer shade : They also heighten curb appeal and increase a property ’s value if they ’re well care for . However , Tree that develop on or near property lines can stimulate discrepancy between neighbors . And if a tree diminish , the harm can be costly to repair . A 2018Consumer Reports homeowners insurance surveyfound that the average amount make up by insurance companies for settle Sir Herbert Beerbohm Tree claims was $ 4,110 . forwards , we get to the root of motion and issues surround Sir Herbert Beerbohm Tree ownership ( of course , you ’ll need to jibe with your local authorities to make certain they apply in your area ) .

1. Your Property, Your Tree

A tree near a property line belongs to the neighbor who owns the ground where it ’s growing . This is lawful even if the other neighbor plant the tree , so it ’s estimable to have the property surveyed to determine the exact boundary communication channel before plant border trees . Do n’t get into the boundary course lies where you stop pout — it might be a few foot in either focussing .

2. Shared Tree, Shared Responsibility

When a Sir Herbert Beerbohm Tree ’s trunk lies direct on the boundary line between attribute , the tree diagram is know as a boundary Sir Herbert Beerbohm Tree and is owned by both neighbor . In the type of boundary trees , both neighbors should agree how to care for the tree and plowshare maintenance disbursal since both harbour effectual responsibleness for its tutelage . Both neighbor must also accept to the tree ’s removal .

3. If a Neighbor’s Branch Hangs in Your Yard, You Can Cut It

When branch from your tree stretch over your neighbor ’s holding , including their fencing , sign , or chiliad , your neighbour can pare your Sir Herbert Beerbohm Tree ’s branches back — but only to where their property descent ends and no farther . However , if their trimming and pruning is excessive and kill your tree diagram , they could be de jure liable for replace it .

4. Damage From Your Tree’s Wandering Roots Is on You

propagate roots of large treescan push down fencing and cause curb bit and sidewalks to heave and crack . When divagate tree root damage a neighbor ’s property , the tree ’s proprietor is financially liable . A motor hotel — or in some cases , the local planning and zoning authority — might order the tree diagram ’s owner to bear to transfer the tree .

5. No Picking Without Permission

Although one neighbor can sensibly trim a branch that extend over a prop line , if that arm carry yield , the fruit belongs to the tree ’s owner — no pick without permission . However , the law is less readable about fruit that falls to the ground , so see with local confidence to see whether you’re able to cumulate apple or pears that hang on your side .

6. Leaves in Your Yard Are Always Your Responsibility

A Sir Herbert Beerbohm Tree ’s owner is not responsible for clearing fallen leaves from a neighbour ’s G . The practice of law typically considers leaves a “ natural production , ” and as such , each property possessor is obliged to remove the leaves from their own yard .

7. You Probably Don’t Have Rights to a Scenic View

In many community of interests , you ’re out of luck if the neighbour ’s improbable trees keep you from enjoy the sundown . Still , a few communities have view regulation recognise that a scenic view increases property value , so if a neighbour ’s trees stop that view , you might be able to have the tree get rid of .

8. If Your Tree Falls in Your Neighbor’s Yard, You Might Not Be Liable

If a tree ( or a tree branch from a tree ) falls from natural case , like lightning or an ice tempest , then the somebody whose pace the tree fall into is responsible for damage , removal , and cleanup . This is true even if the tree is rooted in a neighbor ’s yard . If , however , your tree falls into your neighbor ’s grounds because of negligence on your part , then you ’re responsible for any indemnification the tree caused to your neighbor ’s property . An example of negligence would be failing to rationalize or remove a decaying tree .

9. You’re Responsible for Trees on an Easement on Your Property

An easement legally allow someone to expend part of another person ’s property for a specific reason . For instance , if a company needs to play magnate tune through your yard , it would need an relief to do so — but the property remains yours . by and large , if a tree falls onto the easement , the belongings owner is creditworthy for removal and cleanup . An elision would be if the easement agreement pin down that the fellowship or individual using the relief is responsible for fallen Sir Herbert Beerbohm Tree terms .

Our Best Advice for Beginner Gardeners

We ’ll aid you set up your first garden — whether that ’s a few pots on your patio , a raised bed , or an in - primer plot out back — and select the right plant for your soil and region .

Two men shaking hands