Trees not only add visual appeal, shade, and other environmental benefits to our landscapes, but they can also quickly become a source of conflict, especially when they fall on property lines with neighbors. That’s why it’s important to be somewhat knowledgeable about tree law in case any issues arise.
Unfortunately, this man didn’t bother to look into the consequences of cutting neighbors’ trees without permission, which ended up costing him around $200K. His actions caused a whole ordeal with the next-door resident, which you can read about in more detail below.
Even though they have many benefits, trees can quickly become a source of conflict between neighbors
Image credits: Heru Dharma/Pexels (not the actual photo)
As it happened with these neighbors, because one of them cut the other’s trees without permission
Image credits: treelover60
Image credits: treelover60
Neighbors can’t ask owners to cut their tree that obstructs the view or sunlight
Image credits: Matej/Pexels (not the actual photo)
Trees of value to neighborhoods and communities are often protected in different ways depending on age, size, location, and risk of development. This means that tree owners usually have to have permits for their removal, significant pruning, or construction near their root systems.
This also means that even if the tree obstructs neighbors’ views or sunlight, they can’t do or demand anything about it. In fact, neighbors can’t ask owners to cut their tree that obstructs the view or sunlight, regardless of whether the tree is protected by authorities.
“The right to a view is typically not protected by law unless a specific easement or agreement exists between the neighbors. Without such an agreement, a tree owner is not legally obligated to cut down a tree simply because it blocks a view,” says ISA-certified arborist and owner of Arborist Halifax, Tim Spence.
ISA-certified arborist and owner of The Tree Nerds, Dennis Baum, added, “Individual states, cities, historic districts, and even HOAs (Home Owner Associations) have their own rules about trees. It’s possible that your property value is being severely impacted by your neighbor’s trees blocking your view, but demanding that they cut down trees is obviously a terrible idea. If you approach your neighbor in a friendly manner and offer to pay for the trimming or removal, things will probably go a lot smoother.”
In case neighbors decide to take matters into their own hands, it can lead to serious legal trouble and costly consequences, as it happened in this story.
It’s best to maintain open communication with your neighbor to find an amicable solution
Image credits: Kindel Media/Pexels (not the actual photo)
The only time a person can do anything about a neighbor’s tree is if its branches are overhanging into their property. But even this varies from case to case.
“Even if the tree trunk is clearly on your neighbor’s property, in most areas you can trim branches that reach over the property line,” Baum said. “Your property line extends straight up and straight down. So branches over your property are technically your branches, even if the trunk is somewhere else. Always make sure to follow local ordinances, many trees are protected. A local arborist will know what you can do.”
On the owner’s end, they don’t have much control over what is outside of their property. Therefore, they aren’t usually responsible for taking action against branches that overhang their fence.
“In many cases, tree owners are not obligated to take action unless the overhanging branches pose a clear risk, such as the potential to cause property damage or injury. If the neighbor notifies the tree owner of such risks and provides a professional arborist’s report documenting the hazard, the tree owner may bear some liability if they fail to address the issue and damage occurs due to negligence,” Spence explains.
In general, Spence says that it’s best to maintain open communication with your neighbor to find an amicable solution. There’s no need to get involved in disagreements or even worse, lawsuits over greenery. “Consulting a qualified arborist and understanding your local regulations is key to resolving disputes effectively and avoiding legal complications,” he concludes.
Commenters provided the original poster with all sorts of knowledge and advice about illegal tree cutting
After that, the man came back with the first update
Image credits: RDNE Stock project/Pexels (not the actual photo)
Image credits: treelover61
Later, he returned with the second update
Image credits: Pavel Danilyuk/Pexels (not the actual photo)
Image credits: treelover61
And finally, he concluded the story with the last update
Image credits: Towfiqu barbhuiya/Pexels (not the actual photo)
Image credits: treelover61
Commenters were glad to hear how the story unfolded
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