March 17, 2026

Who's responsible for trimming neighbor's tree that encroaches on my property?

Dear Consumer Ed: 

My next-door neighbor has a grove of huge trees that are encroaching on my property. I’ve been paying a gardener to trim the branches, but this is very costly, and I cannot afford to keep paying for this. I have spoken to my neighbor, but she is not willing to take responsibility for the trimming or removal of these trees. What recourse do I have?

Consumer Ed says: 

In general, if a neighbor’s tree branches hang over your property, it is you, not your neighbor, who is responsible for trimming them. If, however, the tree in question is (1) visibly dead or dying, e.g., the bark is peeling, has fungus, or the branches have no leaves or buds; or (2) the tree is in imminent danger of causing harm to people or property, e.g., the tree has more than a 25 percent lean, then your neighbor would likely be responsible for removing it. 

You should also be aware that while you have the right to trim tree limbs from your neighbor’s tree if they extend onto your yard, you or your tree removal company may not trespass onto your neighbor’s property or damage the tree in the process. 

Click here to read our column about who is responsible if a neighbor’s tree falls on your property. 

 

Submit your own question to Consumer Ed.  Remember…we do not give legal advice. Always consult a lawyer about legal issues.

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