Trees on Your Property:
A Homeowner Headache
If a tree falls in the forest, you may not hear it.
However, if your tree falls into a neighbor’s yard, you may never stop hearing about it.
Disputes involving trees are more common than many people realize and typically fall into two categories:
"My neighbor’s tree is damaging my property and my quality of life.”
“My neighbor is complaining about my trees.”
Residents on both sides of these disputes often wonder how to resolve the situation legally and in their favor.
Experts say such problems are as old as the Bible, and the solutions often require the wisdom of Solomon.
“Trees have been involved in disputes since time immemorial,” says Garrett Power, a professor at the University of Maryland’s School of Law. “There is an ancient body of law regarding a landowner’s rights to views, light and air,” says Mr. Power. “Plus, we have simple and primitive rules of property rights, trespass and negligence dating from the earliest societies practicing property ownership.”
Over the centuries, “primitive and simple” property rights have grown more complicated, thanks to modern urbanization, community standards, civic responsibilities and the covenants, conditions and restrictions (CCRs) of homeowners’ associations.
The laws regarding trees vary from one community to the next, but here is simple and straightforward advice from experts for resolving tree disputes. Note that the guidance that follows is based on general principles. Before taking a course of action, check community ordinances and state laws. You also may want to consult your attorney first. Also, this advice addresses ownership issues. If you are renting, pursue options through your landlord.
Talk It Over
“Legal action should be the last recourse,” says Jay Merwin, a lawyer with Bowie & Jensen in Baltimore. “Barring a life-threatening emergency, the first, best step is a friendly conversation with your neighbor resulting in an amicable, reasonable solution. If you wind up in court, a judge will seek the most reasonable accommodation of the circumstances, so you should begin by looking for that.”
If sweet reason does not prevail in your situation, then attorneys suggest trying some simple actions based on commonly-held legal principles. The Right to Trim
Property owners have air and ground rights and are legally permitted to take limited action with neighbor’s trees. If your neighbor’s tree branches or roots infringe upon your property, you have the right to trim the branches and roots back to the boundary line, as long as you do not kill the tree.
You can:
Tell your neighbor you will prune the overlapping part of her tree back to the property line. Your rights begin and end at the boundary line;
Give your neighbor polite written notice of your intentions;
Trim the tree at your expense.
“Don’t spray weed-killer on their trees,” Mr. Merwin says. “That’s actionable destruction of property which might include trespassing.”
Keep Off the Property
Although you have the right to trim a neighbor’s tree branches that extend over your property, you do not have the right to go on your neighbor’s property to trim the tree. Such an action would constitute trespassing -- entering another person’s property without permission. Of course, rights of trespass go both ways -- you are protected from the illegal actions of neighbors who would cut down, remove or poison trees and vegetation on your property.
What about debris from a neighbor’s tree that finds its way to your yard? Acorns, pine cones and leaves falling on your property from your neighbor’s trees are your responsibility. This is what Mr. Power lightheartedly call the “your yard, your raking” rule, which means you have to clean up what naturally lands on your lawn.
Obligations and Liabilities
Property owners are obligated to protect others from negligence and nuisance. My grandparents had an ancient and spreading oak tree, site of numerous family photos and childhood games. As it began to die, my grandparents’ homeowner’s insurance provider said that any damage caused by the tree would not be covered, because the tree’s ill health was a known fact. My grandparents cut down the tree.
If you have a diseased or dying tree, you’re responsible for protecting people and property from being damaged if the tree falls or the boughs break. Even if the cause is a windstorm or other act of nature, if you knew your tree was weak or unhealthy, you are still liable.
However, you usually are not held responsible for tree damage to your neighbor’s yard and property under the following conditions:
Your tree was healthy before a storm, “act of God” or other similar catalyst caused the tree to fall.
Your neighbor never notified you that your tree was a hazard and asked you to remove it. or
You had maintained your tree appropriately in good faith.
No Right to a View
Generally speaking, a homeowner has no right to a view, meaning that if a neighbor’s tree grows to the point where it blocks other property owners’ views, the affected neighbors have little recourse. Occasionally, homeowners’ associations will guarantee easements providing views, or master-planned communities will enforce tree height and other restrictions. But if you buy an apartment because you love its view of the Golden Gate Bridge, and your neighbor’s tree grows to obscure that view, it’s “tough luck,” says Mr. Power. “Certainly, go and ask your neighbor to trim the tree, [or] offer to trim the tree yourself, but the legal ‘right to a view’ is very narrow.”
An Amicable Solution
Occasionally, neighbors go beyond the call of duty. Michael F. Albers, a lawyer with Jenkins & Gilchrist, a law firm in Dallas, recalls a situation involving Texas cottonwood trees. A corporate client of his firm transplanted mature cottonwoods onto its property. In the spring, flowering “cotton” was blown on to adjoining properties. When neighbors complained, the corporation had letters of agreement drawn up giving their groundskeepers “rights of trespass,” or permission to enter neighboring areas, to sweep up the cotton. The neighbors were happy; the corporation was happy.
Master-planned communities often troubleshoot potential problems far in advance of their occurrence, with homeowners’ associations spelling out solutions in their bylaws. Planned Community Developers Ltd., a Texas-based real-estate company, sometimes creates neighborhoods in the midst of mature trees. “Our trees often have a pronounced overhang, and the prevalence of pools and outdoor-living areas makes for potential disputes with neighbors,” says Glenn Howard, the firm’s senior vice president. If neighbor-to-neighbor discussions fail to resolve the issues, Mr. Howard says homeowners usually approach the homeowners’ association.
If your neighbor’s trees are bothering or endangering you, take the following steps in this order:
Talk with them politely.
Seek an amicable solution.
Send them a letter, written by you or an attorney, outlining the problem, the neighbor’s responsibilities and liabilities and your rights (typically, that you may trim problem branches that overhang your property).
Apply the “remedy of self-help” – you trim the branches that extend over your property back to the boundary line.
Explain the neighbor’s obligations under the law.
Go to court only as a last resort.
If your neighbors are bothered by your trees:
Talk with them politely.
Seek an amicable solution.
Take responsibility for your liabilities and obligations.
Explain the rights and limits of their “remedy of self-help” – they may trim the branches that extend over their property back to the boundary line.
Go to court only as a last resort.
-- Ms. Martin is a free-lance writer in Houston.
Email your comments to rjeditor@dowjones.com.