Can You Trim Your Neighbor's Tree if It's Hanging Over Your Property Line?

Perhaps your neighbor’s crepe myrtle is getting a bit unruly, or you’re tired of their walnuts staining your ceramic pavers. Whatever the reason, you may want to trim the branches of a neighbor's tree—but is that allowed? Generally, a homeowner can trim branches extending over their property line—but there's a catch. Laws vary significantly from state to state, and even from county to county.

Decoding these different rules and regulations can feel daunting. Here, we spoke to legal and landscape experts about when to pick up the pruners—and how to talk to your neighbor about it.

Can You Trim a Neighbor’s Tree on Your Property?

Tree ordinances vary between municipalities. Under New York law, where Richard Klein, partner and co-chair of the real estate practice at Dorf Nelson & Zauderer LLP, is based, if a tree's branches extend over your property line, then the property owner has the right to remove those overhanging branches up to his or her property line.

“However, some trees are considered rare or endangered, and therefore protected under state law,” Klein says. “Certain trees, shrubs, bushes, and flowers fall under Environment Conservation Law. For these, the removal will require the neighbor's permission, and may even require obtaining a permit from the municipality."

The key point: All property owners should first check their local guidelines.

Avoiding Conflict 

Even if you're acting within your rights, trimming the tree without notifying your neighbor may lead to unnecessary conflict.

“Disputes about boundaries are one of the most common causes of arguments between neighbors,” says Mindy Stern, partner at Schwartz Sladkus Reich Greenberg Atlas LLP. “Even if the law is on your side, surprised neighbors often become litigious adversaries. It's always better to reach an agreement before taking action, instead of relying on a patchwork of different laws and conventions after the damage is done."

Getting your neighbor's permission can also improve the quality of the trimming. “Proper pruning cuts need to be made at junctions between branches,” says Mason Hanrahan, an ISA-certified arborist and qualified tree risk assessor with Tim-O-Tree. “Trees don't know where the property lines are, so they can't grow with this in mind; branch junctions are bound to be scattered on either side of the property line.” 

How to Ask

Hopefully, you're on speaking terms with your neighbor and can simply knock on their door. 

“Start with a friendly conversation,” Stern says. “Be polite, and approach with a spirit of collaboration—not as a demand.”

Point out the specific branches and explain why they concern you—whether it be shade, roof damage, or safety issues. Offer a solution, like hiring a professional arborist together. 

“If they agree, send a polite email or text confirming the conversation,” Stern says. “As seen in states like Texas regarding fences, agreements between neighbors can sometimes supersede general expectations, so having a paper trail is vital.”

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Precautions

Be careful not to cut past the property line when trimming branches, Hanrahan warns. “If you cross [it] without permission from your neighbor, this can be considered trespassing,” he says. “The property line may not be where you think it is. Fences, for example, are not always on the property line. Consult a survey, or any maps your municipality may have.” 

In many jurisdictions, if you trim a branch to the property line, but the cut causes the tree to die or become unstable, then you could be liable for up to three times the value of the tree.

“Never assume one rule applies everywhere,” says Stern. “Some states have specific Good Neighbor acts that split costs and responsibilities, while others rely on common law. Always check if your town requires a permit before cutting—especially for large or significant trees.”

Gilbert Morales, a real estate attorney and associate at Williams Teusink, recommends contacting a certified, experienced tree servicer or arborist to perform the work. “[This] will help ensure that trimming will be behind the property line, so as to avoid any trespassing on the neighboring property,” he says.