Can You Legally Trim a Neighbor’s Tree Roots in Your Yard? What to Know Before You Cut

The large, majestic tree in your neighbor's yard may not be on your property, but its roots might be. In fact, the root system of a mature tree is often two to four times the diameter of the tree's crown, which means those expansive roots are quite likely taking up residence on your side of the property line. This can create a tricky situation if those roots are causing havoc around your home's foundation or otherwise disrupting your landscaping. But are you allowed to cut the roots of a neighbor's tree? And will it harm the tree? Ahead, our experts get to the root of the matter.

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

There is no one-size-fits-all answer to this question. From a legal perspective, the answer depends on your location. States have varying laws and regulations, and these can vary even down to the county or city level. "State law and even local codes may prevent removal of roots to a certain degree, so it's important to review your local laws to determine if there are any regulations on trimming the roots," says real estate attorney Gilbert Morales.

That said, Morales adds that generally, homeowners are afforded rights to enjoy and use their property, and such rights extend upward and downward of the property. "Those property rights can be infringed upon when a neighbor's roots begin to creep into your property and cause issues. Issues with a neighbor's roots begin to show themselves when the roots start to crack sidewalks, driveways, and even home foundations," he says. "If tree roots are causing major issues where damage is occurring, then a homeowner may have a nuisance and trespass claim against their neighbor. These types of claims are generally where a neighbor is intruding onto your property and causing damage without any consent to do so."

It’s also important to consider the effect trimming the roots will have on the tree itself. "Roots are integral to a tree's health, so trimming the roots can be a precarious endeavor if done incorrectly," says Morales. “Therefore, we generally recommend homeowners to enlist the assistance of a trained certified arborist who has experience removing tree roots."

Talk to Your Neighbor

Tree roots are amazingly robust and capable of squeezing into tiny cracks and openings, potentially causing damage. While you naturally want to avoid harm to your property from neighboring trees, it's important to consult your neighbor before cutting any roots.

"Before filing an expensive lawsuit, we recommend neighbors communicate their situation with each other to find a path forward," says Morales. "In many instances, a neighbor is simply unaware of the issues caused by their tree roots, so any type of written notice to the neighbor of the situation is vital."

After consulting your neighbor, Morales recommends obtaining their written consent, stating that they are allowing you to trim the roots of their tree. This will "be helpful to cover you from potential liability in the future," he adds.

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Contact a Professional Arborist

Even if your neighbor gives you the green light, it's essential to contact a professional arborist before cutting. "The risk of improperly trimming or cutting your neighbor's tree roots is that it can cause irreversible harm to the tree, which can cause major issues in the future if the tree begins to show signs of decay," says Morales. "Seeking the guidance of a certified arborist will help to avoid any issues of harming the tree."

How and if you can cut tree roots depends on the species, maturity, and size of the tree. "The primary root system of a tree directly supports its upper branches and leaves, supplying them with essential water and nutrients," says landscape designer Teresa Watkins. "If any part of the root system is cut or removed, the connected section of the tree will no longer receive what it needs, causing that limb or portion of the tree's canopy to die."

Watkins explains that cutting the roots can also make the tree less stable and increase its risk of wind damage or toppling in a storm. "It's important to have a certified arborist consultation before cutting any large tree, especially when the tree is situated between two neighboring homes," she says, adding that homeowners should never try to trim the tree roots on their own.