What Can I Do If My Neighbor Has a Dangerous Tree? Legal Tree Removal

What can I do if my neighbor has a dangerous tree? Should I take legal action or consult local authorities? Or is seeking an insurance claim better?

Although many people are confused about what to do in this type of situation, the answer is a little trickier to find, because it varies depending on every unique instance and the laws, regulations, and property rights you have, which can also differ by state.

Trees provide shade, enhance the properties’ beauty, and complement landscaping.¹ However, they may bring tension and dispute between neighbors. That is, if their branches overhang, fall, or extend to the neighbors’ property.

In order to understand the legal tree removal practices when dealing with tree-related issues, this complete guide can help answer the question, “What can I do if my neighbor has a dangerous tree?”

Note: This article does not provide legal advice.

What Can I Do if My Neighbor Has a Dangerous Tree? (Legal Tree Removal Practices)

It is crucial to understand how to deal with a neighbor’s trees that are dangerously leaning on your property, have overhanging branches, or are dead trees likely to fall.

There are numerous legal tree removal practices to help solve the disputes that may arise between neighbors.

What can I do if my neighbor has a dangerous tree? What tree laws govern how to deal with neighbor trees if they affect you?⁸

Tree laws vary from state to state. Understanding your state policies can help you deal with tree disputes between you and a neighbor.

The following table includes information for all 50 states about the various tree liabilities outlined.

Can I Sue My Neighbor if His Dead Tree Falls on My House? (Laws of Dead Tree on Neighbor’s Property)

Yes, landowners must maintain the trees on their property. In most states, they are legally required to inspect and take care to ensure the safety of trees.

If they do not do so and the tree falls and causes damage to your property, then the neighbor can be held liable.

If the situation interferes with your use or enjoyment of your property, that is a nuisance. Hence, you can file a nuisance claim.

If the court proves it is a nuisance, it can order a tree removal.

Utility companies can have an interest in tree removal. This is particularly true when it touches the service lines, has a fire hazard, or threatens their equipment.

In this case, you can call them to prompt them to remove the dangerous tree.

Also, most cities have authoritative orders prohibiting homeowners from keeping dangerous trees. You can call the local or municipal authority, who may remove the tree or order the neighbor to do so.

Can I Place a Nuisance Claim if the Leaves of the Neighbor’s Trees Keep Blowing Into My Yard?

No! Leaves are deemed to be a natural product.

Hence, you cannot claim nuisance if the leaves from your neighbor’s tree fall into the yard.

You have no legal claims against the neighbor, even if the leaves clog your gutter and pipes or destroy your property. However, if overhanging branches or tree trunks encroach on your yard, you can legally trim the tree to the property line.

What To Do If a Neighbor’s Tree Is Affecting You

Most people struggle with the question, “What can I do if my neighbor has a dangerous tree affecting me?” The first step is to analyze the situation.

(Image: Quinn Dombrowski¹⁷)

Is it a case of overhanging branches or fruits, or has the tree fallen on your property?

You need to understand the boundary and tree laws in your state. This can help you understand the action you can take to solve the issue.

How To Deal With a Neighbor’s Tree That Looks Like It Is Going To Fall on My Property

First, you cannot march to your neighbor and cut down the tree. This is trespass and can land you in trouble.

However, you can go there to speak with your neighbor about the tree issue and make them understand how it is affecting you.² Signs that a tree needs to be removed include visible wounds,⁹ open cavities, abnormal bark peeling, a hollow trunk, or a significant lean.

If you have spoken to the neighbor about it and nothing is done, the neighbor is liable. The law protects you if your neighbor is negligent.

They are liable if they know the tree is weak, diseased, or dangerous.

The neighbor may not be liable if the tree was not in such a condition. However, you can act against your neighbor to create liability in such a case.

A liability arises if there is harm to your property. You may involve the insurance provider who establishes the responsibility under the insurance coverage of your neighbor.

You have to clean up the natural debris on your property, including timber or firewood, even if it is from the neighbor’s tree. The Ohio law, for example, does not stipulate that the neighbor should clean up the tree.

This is, however, different if the tree was on the boundary line. In that case, the neighbor might have rights to the debris and tree’s value.

What Happens if a Storm Knocks Down a Neighbor’s Tree and It Causes Damage to My Property?

If a tornado, hurricane, or windstorm knocks down a neighbor’s tree, which causes damage to your property, windows, roofing, pool, or furniture, the court applies reasonable standard care.³

Their first scenario is to check if the neighbor was maintaining the tree and taking reasonable care of the tree. Then, check if there was no way to prevent this from happening.

(Image: Jan-Mallander¹⁴)

If that was the case, it is considered an “Act of God or Nature,” and the neighbor is not liable.

In this scenario, the neighbor can submit an insurance claim immediately.¹⁰ The insurance company is responsible and thus can take care of the damages to the property.

However, if the neighbor was not maintaining the tree properly and had prior knowledge of it posing a threat or likelihood to fall, they are liable for the damage caused.

Can I Trim My Neighbor’s Trees Overhanging My Property?

Yes! You can cut or trim limbs and branches that go past their property line. However, the cutting and trimming are only acceptable up to the boundary line.⁴

You should note that overhanging tree branches are not easy to deal with. Therefore, always be very careful when cutting and trimming them.

Also, ensure your action does not ruin the tree’s foundation or structure.

Who Is Responsible for Fallen Tree Removal?

Maybe you’re wondering, “If a neighbor tree fell on my house, should I be the one to remove it? Who is responsible for fallen tree removal?”

The responsibility depends on several factors. For example, did it damage any property?

The tree owner may be responsible if they knew the tree was weak or infected and did nothing to prevent the accident.

However, the owner is not liable if the tree does not cause any property damage. Before suing your neighbor for damages, first understand the tree removal policies in your state.

Understanding the Boundary Tree Law

A tree may be between two properties on the boundary line. Here, both neighbors may have ownership interests.¹¹

However, if the trees’ roots or branches extend past the property line and get into your property, then there is no tree ownership interest.

The boundary tree law stipulates when you have legal claims and rights to cut the neighbor’s tree and when you do not. Some situations may allow you to cut the tree or trim the tree.

Let us explore some of these situations and answer some of the frequently asked questions:

1. Can You Cut Down a Neighbor’s Tree on Property Line?

No! You do not have a right to cut down a tree on property line unless the neighbor agrees.

Even if you jointly own it, you must agree with the neighbor to remove it. If the tree is on the boundary line, you can agree with the neighbor to remove it if it is causing a nuisance.

2. What Happens After Cutting Neighbours’ Trees Without Permission?

If you remove a tree on the boundary line or past your property without joint approval, you become liable to your neighbor. Cutting neighbours’ trees without permission can make you liable for the entire tree’s value or three times the tree’s value for this reckless behavior.

Tree replacement value goes up to thousands of dollars. Some, including landmarks or ornamental trees, can cost more.

Therefore, when dealing with the tree, be careful not to destroy it so you do not incur a monetary liability.

However, you can file a defense of necessity called an affirmative defense for trespass if you acted for the greater good if the tree was on the verge of falling.¹² If it was an emergency, you can prove there was a need to act.⁶

How To Avoid Tree Disputes With the Neighbor?

Let the neighbor know beforehand when you plan to trim or cut a tree that extends to your property. This can protect you if you damage the tree while doing it.

Hence, the neighbor cannot sue you for these damages.

(Image: nightowl¹⁵)

Another reason you may want to talk to the neighbor is because they may want to maintain the trees’ structural integrity. Therefore, they may prefer to hire a tree professional, surgeon, or arborist to inspect the tree before trimming,¹³ pruning, or removing it.

Ensure that you attend the tree inspection. This can help you answer any questions you might have about the tree.

Ask your neighbor if you can be there during the tree inspection. If they say no, write down all your questions regarding this tree issue so the neighbor can get the arborist to answer.

What Happens if the Neighbor Refuses To Hire an Arborist?

It is the neighbor’s duty to call and pay for an arborist. However, this does not hinder you from chipping in and helping.

You can decide to share the expense.

Also, you may decide to get a second opinion if you are not satisfied with the first arborist’s conclusion. Paying for a second opinion or catering for half the expense is a friendly gesture.

It may go a long way in resolving such a dispute.

Sometimes, the neighbor might refuse to cooperate. What should you do then?

Write Them a Letter

The letter should detail all your concerns and why they should act promptly. Also, indicate any legal action you wish to take if the tree is a nuisance or causes you harm.

Ensure that you keep a copy of this letter. It can provide evidence in case the tree falls or causes damage.

You can also use it to prove negligence on the side of your neighbor.

In the best scenario, the letter can make the neighbor take the appropriate action. If it does not, then you can take legal action.⁷

Call the Tree Lawyers

In case of any unsolvable tree dispute, you can consult lawyers. Tree lawyers will help resolve the issue if you cannot reach a solution by yourself.

The lawyer reviews the facts and analyzes all the details, referring to the current circumstances. They also consider local tree laws.

If the court thinks there is a tree nuisance, it can easily order its removal.

What Is the Average Tree Removal Cost?

There is no standard average tree removal cost. The cost varies for different trees.

For example, the palm tree removal cost varies from that of an oak tree.

The average oak tree removal cost falls between $700 and $1300. That is for a tree between 60 and 80 feet tall.

On the other hand, the palm tree removal cost can be anything between $150 and $1,150.

The type of tree species also influences the removal cost. For example, the pine tree removal cost varies for different pine tree types.

This means that the over 120 species of pine trees have distinct removal costs.

You should also not forget that the machines or equipment used determines the cost. For instance, a crane assisted tree removal cost is higher than crane-free ones.

The cost also varies if you need to cater for extra expenses. For example, do you need a permit to cut down trees in your state?

Permit costs may vary from state to state.

Getting a tree removal cost calculator is a wise choice. It helps you estimate the total cost of removing a tree in your region.

You should also learn how to negotiate tree removal to help reduce these costs. It is even possible to get a tree removed for free.

For example, you can contact free tree removal for seniors programs or seek lumbar companies. They might offer free tree removal in exchange for wood.

Can Homeowners Insurance Help When a Neighbor’s Tree Falls on My Property?

What can I do if my neighbor has a dangerous tree that falls? Can homeowners insurance help?

If that has been your biggest concern, the answer is yes.

(Image: chulmin1700¹⁶)

Getting insurance to protect your home against disasters like a tree falling on your property is crucial. That is, even if you are a renter.

Without insurance, you may have to pay for all the damages from your pocket. This includes repairs and replacements in case of an accident tree fall on your property.

However, if you have Homeowners insurance, you are sorted out. Insurance covers damages from fallen trees due to various causes.

For instance, a tree falls due to acts of nature, weather, or natural calamities, including fire, snow, wind, rain, or lightning.⁵

On the flip side, the homeowner’s insurance has a limit. It does not cover removing trees that fall on a lawn or an empty space.

That is if there is no harm to the property.

Also, people living in a storm, earthquake, or flood-prone area should take a separate policy. This way, when disaster strikes, the insurance caters to the tree removal cost.

What Can I Do if My Neighbor Has a Dangerous Tree? Who Is Responsible for Trees on Easement?

Does your neighbor have a dangerous tree? An easement offers utility companies and local governments the right to remove, trim, or prune a tree that poses a danger.

Within these easements, the neighbor may be prohibited from keeping a tree. So, if you are wondering, “What can I do if my neighbor has a dangerous tree?” that answers your question.

Frequently Asked Questions About What Can I Do if My Neighbor Has a Dangerous Tree