Can You Cut Down a Tree on the Border of Two Properties?

Dealing with a tree that is causing damage to the fence between two neighboring properties can be a delicate issue. Before you consider cutting down a tree that stands partly on your side and partly on your neighbor's, you need to understand the legal implications and permissions required. This article explores the laws and guidelines related to tree removal in such situations.

Understanding Property Rights and Tree Ownership

When it comes to property rights, there is often confusion around whether you own a tree that stands partly on your property and partly on your neighbor's. In many jurisdictions, ownership of the surface rights does not necessarily include the ownership of the trees on that land.

In some areas of the USA, trees are considered public property regardless of their location, especially if they grow on conservation land. On the other hand, timber rights, which include the rights to harvest and profit from forest resources, can be separate from surface rights. Therefore, it is crucial to establish whether you need a permit to remove the tree and to check your deed for any covenants or restrictions concerning trees on your property.

Determining Jurisdiction and Required Permits

The first step is to determine whether you are required to obtain a permit to remove the tree. Local laws and regulations can vary significantly, so it is essential to research and comply with the specific requirements in your area.

After establishing the need for a permit, you should carefully review your property deed. Your deed may contain covenants or restrictions regarding the trees on your property. These documents can provide valuable insight into what you are allowed to do with the tree.

Property Line Considerations

When determining which side of the property line the majority of the tree's main trunk stands, you must operate under the legal principle that the majority of the tree's trunk must stand on your side for you to cut it down. If the trunk is predominantly on your neighbor's side, you cannot legally remove any portion of the tree, including gathering fruit or nuts.

The principle of trespassing law (Dalles v. Mammoth Lakes and Big Sky Railway Company) trumps many other laws in the USA. This means that you cannot trespass on your neighbor's property to trim branches, gather fruit, or nuts, and vice versa. If you need to perform these tasks, you would need the neighbor's permission or perform the work within your own property boundaries.

Alternatives to Cutting Down the Tree

In many cases, the most practical and legally sound solution is to discuss the issue with your neighbor. In such a scenario, you can agree to repair the fence to accommodate the tree, which would likely be cheaper than cutting down the tree, hauling it away, and removing the roots.

A well-constructed fence that can withstand the lean caused by the tree would be a more sustainable and harmonious solution than cutting down the tree, which may result in a dead tree inviting pests and further damage to the property.

Conclusion

Before making a decision about tree removal, especially when the tree is partially on your property and partially on your neighbor's, it is crucial to understand the legal and practical implications. By carefully considering your property rights, seeking permits if necessary, and discussing alternative solutions with your neighbor, you can find a way to address the issue that is both legal and respectful of your neighbors' rights.

Remember, dealing with property lines, trees, and fences requires careful thought and communication. By acting within the bounds of the law and considering all aspects, you can maintain a positive relationship with your neighbor while addressing any property damage caused by the tree.