What Can I Do About a Neighbor's Tree Roots Causing Damage to My Fence?

Full question:

My neighbor's water oak is leaning toward my property with the majority of branches over hanging our side. The trunk is one inch (1) from our fence at the top of the fence, and right on the fence at the lower part of the trunk. This lower part of the trunk has pushed our fence to the point that the fence is bowing out almost 10 inches from the bottom of the fence up about 3 to 4 feet. The tree is bordering on breaking the fence in half. I have been told by my insurance company to inform the neighbor about the fence problem along with the fact that the tree is lopsided due to all growth of forked branches on our side, the roots from the tree are all on our side too which we've been warned not to damage in any way. The neighbor will not will not answer my calls nor answer her door. I am sure she will not accept any signed delivery receipt of an arborist letter nor lawyer's letter. This water oak was once backed by woods, hence its growth and leaning toward us. The neighbor clear cut woods on our side of the property line except this one (1) water oak. So I have the fence being compromised, via tree trunk, roots, the danger to our life and home due to the overhanging branches from a tree that is well know to come down during high winds or on a whim due to the forks and u-shaped branches. The neighbor, who is very wealthy and savvy(sp)who won't respond, along with the trunk of the tree that is breaking the fence. Upon her visiting boyfriend's invitation I took an arborist over, she never came out, the boyfriend did who was raging mad, verbaly attacking the arborist (who kept his cool to the point of awe) and periodically turned his anger toward me to which I did not respond. He does not own the home, and the neighbor would not come out of the house to talk to us. I have the email where she requested that I send her the phone number of the arborist so she could talk to him. The boyfriend literally screamed 'WE ARE NOT TAKING DOWN THAT TREE, WE ARE NOT TAKING DOWN THAT TREE'. The tree is a managible size at this point for a tree climber to gently take it down. As it continues to grow it will just be harder. BTW, our home was placed 18 feet away from the property line, her home she placed ten feet except her overhang make it 7 feet from property line. Plus we placed our fence on our property not hers, nor right on the line. Bottom line the tree trunk or part of it is on her property, I cannot trim the branches for fear of boyfriend's threat that we better not 'kill that tree', at the same time the tree is inpinging(sp) on my property etc.Rock and a hard place there has got to be a way to protect our home, fence, and not the least ourselves. **please give answer according to Baldwin County Alabama laws otherwise it will be of no use to me.**

• Category: Trees
• Date: 04/07/2025
• State: Alabama

Answer:

We suggest calling the local city hall or building department to inquire about local tree ordinances, which vary by local area. Adjoining landowners can find themselves in disputes over fences, overhanging branches and party walls. Boundaries are frequently marked by partition fences, ditches, hedges, trees, etc. If the tree trunk is located wholly on one property, the tree is "owned" by that property owner. Even if the branches go over the property line. If the trunk straddles the property line, you have a shared tree. A tree growing in the boundary line is the joint property of both owners of the land.

The answer will depend on whose property the tree is located. There is no clear legal rule regarding trees that grow on the boundary between two properties. In some jurisdictions, trees standing along a boundary line are the common property of the neighbors on either side of the boundary. The general common-law rule is that one cannot complain of trees or shrubbery on adjoining land regardless of their thickness or height, since the adjoining landowner is within his or her rights in making such use of his or her land.

Although you may cut tree limbs and remove roots from your neighbor's tree where they cross over the property line, you cannot do so if it will damage the continued viability of his tree. The neighbor with the branches reaching onto his or her yard has the right to trim those branches back to the property line (and pay for it himself or herself). The neighbor cannot demand that the tree owner pay to trim the branches. The neighbor cannot harm the tree, kill it, or chop it down. If the neighbor harms the tree, he or she could be liable for damages.

Trees may be considered an encroachment. For example, when Neighbor A's tree is alllowed to grow onto the Neighbor B's property and damage a fence, it is an encroachment on neighbor B's property. Neighbor A may be required to remove the tree. A Court has discretion to balance hardships and deny removal of an encroachment if it was innocently made, the cost of removal greatly exceeds the inconvenience to plaintiff, and the plaintiff is compensated for damages caused by the encroachment.

If the tree owner allows the tree to grow so that it uproots the fence, it would be considered an encroachment onto the adjacent property. In that instance, the tree owner would be required to remove the offending tree. A boundary tree is one planted on the boundary line itself and should not be removed without mutual agreement. Leaves which fall off and end up on adjacent property are considered a natural occurrence and are the responsibility of the landowner on whose property they ultimately come to rest. Property owners in every state have the right to cut off branches and roots that stray into their property, in most cases this is the only help that is provided by the law, even when damage from a tree is substantial. A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing work and give the tree owner the chance to correct the problem. If the tree owner does nothing, the tree can still be trimmed. As a general rule, a property owner who trims an encroaching tree belonging to a neighbor can trim only up to the boundary line and must obtain permission to enter the tree owner's property, unless the limbs threaten to cause imminent and grave harm. Additionally, the property owner cannot cut the entire tree down and cannot destroy the structural integrity or the cosmetic symmetry and appeal of a tree by improper trimming.