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What to do when your neighbor’s tree encroaches

On Behalf of | May 26, 2023 | Real Estate Law |

If your neighbor has a tree close to your property, its branches may pass the boundaries. This means you may have to deal with fallen leaves and branches, interfering with the use and enjoyment of your property, which can result in numerous conflicts. Thus, it’s crucial to approach this matter with adequate information.

Here is what to do when your neighbor’s tree extends to your property:

Talk to them

The first thing to do is to talk to your neighbor, preferably face-to-face. They may be unaware of this, especially if the tree in a part they rarely go to. Besides, while you may want to trim the branches, it may be considerate to allow your neighbor to do so, or at least to let them know what you plan to do.

It will be best to let your neighbor handle the trimming. This is because if your harm the tree in the process, they may have grounds to sue you.

Write a letter or an email

If your neighbor refuses to cooperate during your conversation, you should consider writing them a letter or email detailing the issue and the actions you plan to take. You will keep a copy of the letter or print the email for your records.

Document the damage

You should take pictures of the tree’s branches on your property, any damage on the tree and fallen debris. Ensure you stay on your property when doing this. Do not trespass.

Contact your homeowners’ association

If a homeowners’ association governs your neighborhood, you should contact the board about the issue. They may help you solve it according to their rules. 

Your neighbor’s tree extending the boundary line can affect your ability to use and enjoy your property. Consider getting legal guidance to protect your rights if nothing else has helped you resolve the issue.