Trees and Neighbors FAQ

Questions:

• Can I trim the branches of the neighbor's tree that hang over my yard?
• Most of a big oak tree hangs over my yard, but the trunk is on the neighbor's property. Who owns the tree?
• My neighbor dug up his yard, and in the process killed a tree that's just on my side of the property line. Am I entitled to compensation for the tree?
• My neighbor's tree looks like it's going to fall on my house any day now. What should I do?
• Do I have to compensate my neighbors for damage to their septic tank caused by the spreading roots of a tree on my land?
• If I have more questions about the trees on my property or my neighbor's property, what should I do next?

Answer:

Most of a big oak tree hangs over my yard, but the trunk is on the neighbor's property. Who owns the tree?

Your neighbor. It is accepted law in all states that a tree whose trunk stands wholly on the land of one person belongs to that person.

If the trunk stands partly on the land of two or more people, it is called a boundary tree, and in most cases it belongs to all the property owners. All the owners are responsible for caring for the tree, and one co-owner may not remove a healthy tree without the other owners' permission. As for who owns any fruit from the tree, however, that's another matter. Check out the details in Neighbor Law: Fences, Tress, Boundaries & Noise, by attorney Cora Jordan and attorney Emilt Doskow (Nolo).