Who is responsible for cleaning up tree debris on neighboring property?

Full question:

I have an old oak tree whose trunk is about 2 feet from my neighbors property. About half of the tree's branches hang over their property including over one of their driveways. They are now sweeping any acorns and branches/twigs out of their yard and putting them in a pile on the street in front of my house for me to clean up stating they are from my tree and are my responsibility to clean up; they shouldn't have to do it. The tree has been maintained throughout the years with the branches that are dead or encroaching on our and the neighbor's roof removed/trimmed back. My question is who is legally responsible for clean up of acorns, leaves, twigs and branches that fall on their property and how much of the trees branches can they remove from their property since that is what they want to do?

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

Answer:

If a tree owner allows their tree to encroach on a neighbor's property, they may be responsible for trimming it back. A tree planted directly on the property line is considered a boundary tree and cannot be removed without mutual consent.

Natural occurrences like leaves and acorns that fall onto a neighbor's property are the responsibility of the property owner where they land. However, a property owner can trim branches that extend into their yard. They must first notify the tree owner and give them a chance to address the issue. If the tree owner does not respond, the neighbor can trim the branches back to the property line at their own expense.

Neighbors cannot demand that the tree owner pay for trimming. They also cannot harm the tree or cut it down, as this could lead to liability for damages. Generally, a property owner can only trim branches up to the boundary line and must obtain permission to enter the tree owner's property unless there is an imminent threat of harm. Proper trimming should not destroy the tree's structure or appearance.