Legal and practical limits on trimming a neighbor’s overhanging tree, experts say

Homeowners and renters who see a neighbor’s tree hanging into their yard often have limited, but not unlimited, legal options to remove the intrusion, a horticulture expert said.

Derek Carwood, manager of adult education at the University of Minnesota Landscape Arboretum, told People that while it is generally legal to trim branches or roots crossing a property line, there are many exceptions and residents should check local ordinances before acting. “In my experience, these sorts of situations can escalate tensions between neighbors very quickly, and it's best to know what your city says on the matter before you approach your neighbor,” he said.

Local law frequently allows property occupiers to cut branches and roots that extend onto their land, but those rights stop at the property line. In many large U.S. cities cited by legal advisers, including New York City and Los Angeles, residents may remove overhanging portions so long as they do not cut beyond the boundary, fell the whole tree, or cause significant injury to the tree. Actions that go beyond trimming can trigger liability for trespass, property damage or violation of tree-protection rules.

Exceptions vary by jurisdiction. Municipal ordinances can designate certain trees as protected because of size, species, historic significance or location in a conservation overlay, and some cities require permits for pruning or removal. Easements, utility right-of-way rules and homeowner association covenants often carry additional restrictions. When a tree provides habitat for protected wildlife or is subject to local preservation laws, cutting may be prohibited or require prior approval from environmental or planning authorities.

Legal rights to trim also do not override obligations around safety and damage. Experts and municipal guidance commonly advise hiring a licensed arborist for substantial pruning to reduce the risk of harming the tree, creating municipal code violations or provoking neighbor disputes. Leaving major cuts to professionals can also limit personal liability if work damages the tree, injures someone, or causes downstream effects such as destabilizing a root system.

Dispute-resolution steps recommended by landscapers and urban forestry educators begin with confirming local rules and notifying the neighbor. City planning or parks departments typically publish tree ordinances online and can advise on whether a permit is needed. Documenting the condition of the tree and any damage, avoiding unilateral removal beyond the property line, and seeking mediation or legal counsel if the neighbor objects are common next steps.

The issue intersects with broader urban environmental concerns. Street and yard trees provide shade, improve air quality, sequester carbon and support urban biodiversity. Municipal tree-protection policies aim to balance private property rights with those public benefits, which can explain why some jurisdictions restrict cutting or require professional oversight.

For disputes that escalate, courts have historically weighed the competing interests of landowners, the degree of intrusion, the intent and extent of trimming, and whether the work unreasonably harmed the tree or violated local statutes. Those outcomes underline the practical advice from horticulture educators: verify local law, consider the ecological value of mature trees, use professional services for significant work, and attempt neighborly communication or mediation before taking direct action.

Residents seeking guidance should contact their city or county planning, public works or urban forestry departments for specific rules in their area and consult licensed arborists when pruning could affect tree health, safety or municipal compliance.