Why knowing your property line is Step 1

If a neighbor's tree is going into your yard or hanging over your roof, it can be hard to decide what to do.

Before making a move, homeowners need to know exactly where the property line is, what counts as “encroachment,” and how far the law lets them go before taking matters (and clippers) into their own hands.

Because one little branch snipped could actually land you in a heap of trouble.

Why knowing your property line is Step 1

Before taking any action involving a neighbor’s tree, it is essential to verify the exact location of the property boundary, according to attorney Chad D. Cummings, of Cummings & Cummings Law in Florida and Texas.

"While deeds and plat maps are available through the county recorder’s office, only a survey by a licensed professional provides legally reliable boundary confirmation," says Cummings.

He warns that property lines shouldn’t be identified by simply eyeballing them or relying on a GPS property line app, since those methods have no legal standing.

Guessing about property lines can lead to costly lawsuits or strained neighbor relations.

What counts as encroachment when it comes to trees

A tree encroachment occurs when a tree on one person's property extends its branches or roots onto a neighboring property, either above or below the surface of the land. 

Even if a neighbor's tree is healthy and doesn't pose an immediate threat, overhanging branches are considered encroachment—since branches extending onto your property are technically an intrusion.

Laws vary by state—but in most places, you can trim branches and roots that cross onto your property without entering the neighbor’s property as long as you don’t damage the tree’s health.

Many townhouses, condos, and HOA communities have separate tree maintenance rules, so individual rights to trim or remove vegetation might be limited by governing documents.

"These internal restrictions often override default state rules," says Cummings. "Property owners in such communities should consult the association’s bylaws and secure written approval before taking any action involving trees. They would be well advised to work through their HOA or condo board for resolution."

If leaves from a neighbor's tree go into your yard, you typically have no legal claims against the owner of the tree since "the law generally does not provide remedies for natural occurrences like falling leaves," says Cummings.

But if overhanging branches cause damage or obstruct your property in any way, you may be in a better position to pursue legal action.

However, if a neighbor’s tree lands on your private property due to an “act of God," such as a storm, they may not be liable.

Understanding the legal side—and when you could be sued

Some states have stricter rules than others when it comes to dealing with tree encroachment.

In New York, legal disputes often require proof of damage before action is taken.

In California, homeowners can trim encroaching branches, but only to the property line and without harming the tree’s overall health.

"In Florida and Texas, a property owner may trim branches or roots that intrude onto their land, but only up to the boundary and only from within their own property," says Cummings. "The trimming must not compromise the health or structural stability of the tree."

In many states such as New Hampshire, "timber trespass" laws hold individuals liable for cutting trees beyond their property line, potentially requiring them to pay damages. 

You could also open yourself up to a potential civil suit if your actions harm or kill a neighbor’s tree.

Cummings says, "To reduce legal risk and preserve neighbor relations, the recommended sequence is as follows: (1) order a boundary survey; (2) confirm the source and extent of any encroachment; (3) notify the neighbor in writing, documenting concerns; (4) attempt informal resolution; and (5) consult legal counsel if the issue persists."

If safety issues or local code violations are involved, Cummings advises reaching out to municipal enforcement first, as this approach is often faster and less costly than taking the matter to court.