Whose Tree Is It?

You know - the one hanging over the fence in the back yard?

November 13, 2024 • Estimated Reading Time: 3 minutes

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Who Owns the Tree Hanging Over the Fence?

When a tree's branches hang over a fence, it can raise questions about ownership and responsibility. Generally, the tree belongs to the person on whose property the trunk stands. However, the branches that extend over the fence can become a shared concern.

Legally, you have the right to trim branches that hang over your property line, but only up to the boundary. It's important to avoid harming the tree, as this could lead to legal issues. If the tree is healthy and not causing damage, the owner is typically not liable for overhanging branches. However, if the tree is dead or poses a risk, the owner might be responsible for any resulting damage.

Resolving Disputes

  1. Communicate: Start by having a friendly conversation with your neighbor. They might not be aware of the issue and could be willing to address it.

  2. Compromise: Suggest a solution that works for both parties. Maybe you can share the cost of trimming the branches or agree on a regular maintenance schedule.

  3. Consult: If talking doesn't work, consider consulting a professional arborist or a mediator. They can provide expert advice or help facilitate a resolution.

  4. Legal Advice: As a last resort, seek legal advice to understand your rights and obligations fully.

By approaching the situation with understanding and cooperation, you can maintain good neighborly relations while ensuring your property is protected.

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