Navigating tree law can be tricky. Local ordinances and state laws vary, so understanding your rights to prune a neighbor’s overhanging tree is important. This article breaks down the legal aspects of tree trimming, including self-help remedies and dealing with trees in public spaces.
PRO TIP: Want to learn more about pruning trees in Montgomery & Bucks County, PA? We have a few previous articles on the topic, including:
Key Takeaways
- As a homeowner, you have the legal right to trim any neighboring trees that overhang your property.
- The legal framework for trimming your neighbor’s trees in Pennsylvania stems from the 1993 case Jones v. Wagner.
- Before pruning a neighbor’s trees, we recommend speaking with your neighbor and asking them to prune their tree. If you choose to self-help by trimming a neighbor’s tree, ensure you avoid causing damage to the tree or killing it by over-pruning or using poor techniques.
- Homeowners also have a legal right to prune roots that invade their property as well.
- If you wish to prune a tree that is in the right of way, you must speak with your local municipality to get permission.
Trimming Your Neighbor’s Trees
While we humans are often quite concerned with property lines and who owns what, trees do not have any interest in them. Trees near property lines often grow and expand far beyond what a homeowner envisioned when they planted the tree.
Generally speaking, Pennsylvania courts have held that a homeowner can prune their neighbor’s trees when they overhang on the homeowner’s property, however, there are limits to this power as stipulated by the courts.
Legal Framework to Prune an Overhanging Trees
The two most important cases for understanding laws regarding a neighbor’s tree come in the form of Barker v. Brown from 1975 and Jones v. Wagner in 1993. Barker allowed the court to rule on responsibility for damage when a neighbor’s tree falls on your property, while Jones deals with trimming a neighbor’s trees.
PRO TIP: We previously wrote an article that covered the responsibility for tree damage and Barker v. Brown. See the full article for details on your legal rights when a tree falls on your property: Frequently Asked Questions on Neighboring Tree Damage Responsibility
In Jones, the Jones and Wagner families lived next to each other and had a fence on the property line. A row of hemlock trees was growing near the property line on the Jones’ property. When the family went on vacation, the Wagner family trimmed the portion of the trees that were encroaching on their property.
Returning from vacation and noticing their trees were pruned, the Wagner family attempted to sue the Jones family. The Joneses argued the trees were not causing harm to the adjoining property, and the Wagner family had no reason to trim them.
The trial judge ruled in favor of the Wagner family, and the Joneses appealed to the Pennsylvania Supreme Court. The Pennsylvania Supreme Court upheld the ruling and went further, saying a homeowner has the right to file a claim for the cost of pruning the trees.
What to Do When Your Neighbor’s Trees Overhang Your Property
When a neighbor’s tree branches encroach on your property, your first step is to speak with the owner and ask if they would be willing to trim back the trees to the property line. With any luck, you may be able to solve the problem by talking it out. While you have a legal right to prune back any branches that overhang onto your property, it never hurts to speak with your neighbor first before taking any action.
If the neighbor will not trim the tree, you can prune it up to the property line. Ensure you acquire the necessary permits for tree pruning based on your municipality before you start pruning a tree.
Use Caution When Pruning Your Neighbor’s Trees
The law says you can prune a tree back to the property line, but that may not always be what’s best for the tree. Use caution if you plan on pruning your neighbor’s tree, as you have a duty to care for the tree you’re working on.
Just because you can cut back to the property line doesn’t mean you should. Pruning too much of the tree or making improper cuts that harm the tree may lead to the tree declining and dying. In these instances, your neighbor may have the right to file a claim against you for killing their tree.
If you intend to trim a neighbor’s tree, always speak with a professional tree care company and have them conduct the pruning. Professional tree care specialists know how to prune a tree so it won’t harm the tree or cause significant stress.
Roots Are Considered Trespassers as Well
Similar to overhanging branches, roots that cross a property line and invade your property are also considered trespassing. Homeowners have the same right to prune these roots back to the property line. The same concerns still apply when pruning roots, as you must do what’s best for the tree and not cut with no regard for your neighbor’s trees.
Pruning Trees in the Public Right of Way
The public right of way is generally the strip of land between the sidewalk and the road. Street trees are often planted in the right of way. The property owner owns the trees, but they are under the jurisdiction of your local municipality. In short, while you own the tree, you can’t make decisions about what to do with it.
If a tree in the right of way is growing out of control and you want to prune it, you’ll need to get permission from your local municipality before taking any action.
Clauser Can Assist with Trimming Trees
When a tree is encroaching on your property, you have a legal right to prune it. However, you should always use caution when you choose to self-help and prune back the branches, as damaging the tree through over-pruning or making improper cuts could result in legal action against you.
Don’t let your neighbor’s trees become a problem. Contact Clauser today for professional tree care services that will keep your property safe and your neighbor happy. Call us today at 215-542-8291 or get a free quote online.