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Who is Responsible For Trees on the Property Line?
Update: 7 May 2021
Trees on a shared property line can be tricky to figure out who owns what and who is responsible.
A tree on a property line has shared ownership and responsibility for both neighbours depending on what is being done to the tree.
If you want to prune your side, it’s your responsibility, the same goes for your neighbor with trimming their side.
In the case of full tree removal, both parties are responsible and will need to share the cost.
Who owns the tree on the property line?
Laws in most countries state that a landowner owns anything and everything that is on his property, above his property (to a reasonable height), and also, below the land (again to a reasonable depth).
A tree is basically shared between both parties, so both own and are responsible for it.
If you are looking to trim anything on your side of the fence, you should be fine to do so, but removing the tree will need consent from parties.
Can I trim branches overhanging my side?
Whether it is a tree on the property line or a tree completely in your neighbor’s yard, you have the right to prune anything that is hanging over your side of the fence.
That being said you need to make sure it is legal to do so.
All cities have rules and regulations for tree trimming, but as long as you are sticking to the laws outlined by the city, you can trim anything over your yard.
If you are unsure of what the laws are, you can check your local laws for trees here, or speak to a local tree service who will soon tell you what you can and can’t legally do.
Do I need to tell my neighbour?
By law, you are not obliged to inform your neighbour in most cities and counties, but there are somewhere they do mandate communication first to avoid disputes.
The law aside, I think it is always a good idea to communicate with your neighbour before you do anything.
It’s not worth falling out over some tree branches. Keep it civil and you can’t go wrong.
Who is responsible for tree removal on the property line?
We have covered tree trimming on the property line in length, but what about tree removal.
As the tree is on both properties, both neighbours are responsible for the cost to remove the tree.
I can imagine the tree is perfectly on the line each time, so you will have to discuss with your neighbour if you think it’s more their responsibility then theirs.
For example, if they planted the tree 20 years ago and it grew over your side, I think it’s fair to say it’s totally their responsibility. Again that is something you will need to discuss with them.
As far as the law goes, a shared tree on the property line is a shared responsibility for both neighbours.
Do I need a permit to trim or remove my tree?
The laws for tree removal will depend on the city you live in and the size and or species of the tree you are wishing to remove.
Some cities have an abundance of trees, while others are looking to increase their canopy cover, so the rule vary from needing a permit for everything to you can cut down any tree smaller than 25ft without a permit.
This is what you will need to do:
1. Check your local cities tree removal laws
2. If your tree is exempt from needing a permit, you are safe to remove the tree.
3. If your tree is protected and needs a permit, you will need to apply.
Being successful in getting approval to remove a tree can be tricky. If it is a healthy tree, you will need a good excuse for why you are removing it.
I have written a whole article covering good and bad excuses for wanting a tree removed and how to all but guarantee success in city approval for tree removal.
Author: Ben McInerney – Ben is a qualified arborist with 15 plus years of industry experience in Arboriculture. He ran a successful tree service before turning to writing and publishing. Ben is dedicated to providing users with the most accurate up-to-date information on everything trees.
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