Full question:
Legal right to trim Branches of Neighbors Tree Encroaching on My Property?
- Category: Trees
- Date:
- State: Michigan
Answer:
Disputes between adjoining landowners often arise over issues like fences, overhanging branches, and trees. If a tree trunk is entirely on one property, that property owner owns the tree, even if branches extend over the property line. If the trunk straddles the property line, it is considered a shared tree.
Generally, property owners can trim branches and remove roots from a neighbor's tree that extend onto their property. However, they cannot do so in a way that harms the tree's viability. The neighbor whose property is affected has the right to trim those branches back to the property line at their own expense. They cannot demand that the tree owner pay for the trimming, nor can they harm or kill the tree, as this could lead to liability for damages.
In some cases, a tree may be considered an encroachment. For example, if a neighbor's tree grows onto another's property and damages a fence, it may be deemed an encroachment, and the tree owner could be required to remove it. Courts have discretion in such matters and may deny removal if it was done innocently, if the cost of removal is excessive compared to the inconvenience, and if the affected party is compensated for damages.
If a tree's roots damage a fence, the tree owner may need to remove the tree. A boundary tree, planted on the property line, should not be removed without mutual agreement. Leaves that fall onto adjacent property are considered a natural occurrence and are the responsibility of the property owner where they land.
Property owners typically have the right to trim branches and roots that encroach on their property. However, they should first notify the tree owner and allow them the chance to address the issue. If the tree owner does not respond, trimming can proceed. Generally, trimming should only occur up to the boundary line, and permission is needed to enter the tree owner's property unless there is an imminent threat of harm. Property owners cannot cut down the entire tree or compromise its structural integrity or aesthetic appeal through improper trimming.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.