Arborist Blog

So You Hate Your Neighbor’s Tree

December 28, 2022

Trees provide us with a lot of benefits, from reducing runoff and erosion to providing shade and fresh air. They can cause problems, from dropping seeds, leaves, and fruit to roots invading foundations and plumbing. These issues can be particularly frustrating when caused by your neighbor’s tree. Residents in every state have some legal ability to work on their neighbor’s trees. We will explore those parameters and ways to approach this situation.

First off- we’re arborists, not lawyers. This information isn’t legal advice, only an educational introduction. If you need legal advice, consult a lawyer specializing in boundary disputes. With that disclaimer out of the way, let’s get started.

Whose tree is it?

The first step before acting is to determine the tree’s identity. In most cases, this is pretty simple: where is the trunk?

If you know it’s on your property, you can do whatever you’d like. Some cities have restrictions on tree removals, so make sure to check local ordinances.
If you know it’s in your neighbor’s yard, skip to the next section to see your options.
Things can get a bit more complicated if you’re unsure where exactly the line is or if the tree is right on the line.

Get your lot professionally surveyed to show precisely where the property line is. In most cases, the place where the tree sprouted (usually the center of the trunk) will determine whose tree it is. Often, trees right on the line are co-owned by both parties. But if a tree near but not on the property line has a history of neighbors splitting costs, it will likely be considered co-owned. This can be true when a survey shows that the property line is not where neighbors thought, and the tree is entirely on one side.

What’s in the law?

Nuisances are defined under Minnesota statute 561.01 as:
“Anything which is injurious to health, indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance.”

What does this mean for us when discussing trees? The main issue is generally “free use of property.” This could include tree branches rubbing on homes or roots pushing up driveways. It can also cover tree fruit dropping into your yard and rotting or causing issues with your pets. Trees blocking sunlight in gardens or solar panels is another common issue.

The statute goes on to provide an option to remedy a nuisance:
“An action may be brought by any person whose property is injuriously affected or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.”

In this case, “action” refers to a lawsuit to have the court order the tree owner to remove the nuisance. This could be by pruning the tree or removing it. A property owner can also sue for damages the tree may have caused.

In the interest of not clogging up the courts with disputes, property owners have a right to “self-help.” This allows homeowners to address the nuisance at their own expense, within limitations.

The right to self-help for tree care.

First things first: talk to your neighbor. They may not know their tree is causing problems and may be happy to address your concerns. They are not obligated to do anything unless ordered by a court. But they may be willing to help with the bill to have a say in how and who does the work. At the very least, keeping them in the loop is a common courtesy and could help avoid conflict in the future.

What if they say no? Under the right to self-help, you can perform work on a tree if it crosses the property line and meets these conditions:

The work will not destroy or harm the health of the tree. This means not taking so much of the canopy off that the tree can’t feed itself or cutting enough roots that the tree becomes unstable. This also means only pruning oaks during the winter.
The work occurs only on your side of the line. This includes not crossing the line to cut, even if that means leaving a stub.
You are responsible for all costs associated. If you want them to foot the bill, you will need to win in court. Successful litigation can cost $5-10k.

What does this all mean?

It’s important to reiterate that self-help prevents you from cutting down your neighbor’s tree. No matter how much it grinds your gears. Intentionally removing your neighbor’s tree is trespass and they can sue you. Pruning or performing work on their tree that leads to the tree dying is also trespassing. Under Minnesota statute 561.04, the tree owner can sue someone who removes it without permission. If they prove it was intentional, their monetary award will triple (treble damages). You can even receive a criminal charge.

All this legal stuff can be boiled down into a simple rule: talk to your neighbor. In our experience, almost every nuisance tree issue has an amicable solution. Contact Vineland Tree Care’s ISA Certified Arborists and Board-Certified Master Arborists to discuss the root of your problem today.