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Rules For Planting Trees On Property Line


Aug 03, 2023

Sweet New Earth

The rules for planting trees on the property line are: you cannot plant on the property line without consent from your neighbor, both neighbors are responsible for any trees/plants on the line, and check your local tree law for any nuances in different states.


If you're looking to add some greenery to your property, planting trees is a great option. But is it okay to plant trees on the property line?


Property owners have dealt with this issue forever.


When planting on the property line near your neighbor's yard, there are a few things you need to keep in mind. Better to be safe up front than deal a legal issue later because you didn't check the local tree law.


Tree laws are going to specific to what state you live in, and in some cases, even county or city laws may have different regulations for trees. In this article, we will discuss the general rules for trees on your and your neighbor's line so that you can make the best decision for your home or business.

Rules for Planting Trees On Property Line

dos and donts of property line planting

Before planting, you should research all local or state regulations for tree law and property lines. Err on the side of caution, and check with your city or town before you get yourself in trouble.


Another thing to consider is your relationship with your neighbor. Maybe you don't care, but if your relationship with your neighbor isn't great to start, planting trees close to their yard could make it worse. Of course, you should be able to plant trees on your property if you desire.

Ownership

In general, if any part of the tree trunk is on your property, you are responsible for the tree. If the trunk sits on the property line then both you and your neighbor are responsible for the tree. The tree is a 'common property.'


You cannot legally plant a tree that close to your neighbor's yard without consent from your neighbor. If you want to plant a tree, it is best to keep it a minimum of 3 feet away from the line to avoid any issues down the line. Keep those tree roots to yourself!

Neighbor Planting Trees on Property Line

If your neighbor planted on the property line with your consent, the tree may be subject to a removal order. This usually happens if the tree is considered a nuisance or hazard.


If the tree is leaning towards your property or blocking your view, you can file a complaint with the city or county. They will then send out an inspector to determine if the tree needs to be removed from your neighbor's property.


That being said, contacting the city should be a last resort if talking to your neighbor has failed. The easiest way would be to reach out to your neighbor and try to come to settle the dispute amicably.

green leaves blue sky

Boundary Trees

If the tree is on the line, both you and your neighbor are responsible for upkeep on your respective side. You cannot legally enter your neighbor's yard to trim the tree and they cannot legally enter your side. But anything on the property line belongs to both parties.


As trees are a common cause for dispute among neighbors, it is generally good practice to avoid planting on property lines. Sometimes planting a boundary tree is not worth it.

Cutting Neighbor's Tree Branches

Tree law wasn't as simple as you thought. If your neighbor's tree branches grow into your yard, you have the right to cut the tree branches up until the line.


But be careful. If you damage the tree in any way during tree trimming, then you might become legally responsible for the tree. Be sure to reach out to a local arborist before you start chopping away at branches, roots, etc. when they grow into your own property. And make sure you talk to the tree owner.

Picking Fruit From Neighbor's Tree

If the neighbor's tree bears fruit, however, like apples, you are not legally entitled to any of the fruit unless it falls into your yard (but double check local laws - in some locations, you aren't even entitled to fallen fruit!). If leaves fall into your yard, it's a different story. These are considered natural byproducts of the tree and the owner has no responsibility. Fancy that!



If this article didn't scare you away from planting on property lines then great! Just remember, there are legal ramifications you should consider before you decide to plant the tree too close to your neighbor's property.


As always check with your local county or city before starting any new projects but otherwise, get out there and start planting!

FAQs

  • Who pays for tree removal on property line?

    Both neighbors pay for tree removal on the property line. 


    Not only that, but both neighbors must consent to the removal. If there is a tree on the land line between yours and your neighbors yard, you cannot remove the tree without first asking your neighbor otherwise you could face legal ramifications. 

  • Who is responsible for the tree's removal?

    Both neighbors for the tree's removal. If there is a tree on the line between yours and your neighbor's yard, you cannot remove the tree without first getting permission from your neighbor otherwise you could face legal ramifications. 


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