Can Your Neighbors Force You to Trim Your Trees?

Love thy neighbor, right? Neighborly conflicts are bound to happen, but make sure you know your rights so that you don’t end up on the wrong side of a liability battle. The legality surrounding property lines and liability for possible damages can get muddled and confusing, but ultimately, no one can force you to do anything. However, there are always consequences to every action and inaction.

Property Lines

Georgia law determines which party owns the tree by whose side of the property the trunk of the tree is on. Pay attention to this. This will be the deciding factor in most legal cases or arguments. Whoever technically owns the tree by which side of the property line it’s on, has the last say in what happens with the tree.

If a tree is on the property line, or shared by both property owners, it becomes more complicated legally, and it’s suggested that you seek a legal consultation from professional help before taking action on the tree or branches to keep you out of any potential trouble or liability issues.

Crossing the Line

Again, pay attention to the property line. Any branches that cross the property line onto yours can be trimmed up to the property line. Additionally, any damage to the tree itself, or removal of the tree without permission, is also against the law and you could be liable for the damages. As long as you seek permission from your neighbor, you may trim and cut as much as they allow. Legally, however, you may trim up to the property line on your own.

Debris Over the Line

If a tree is on or near a property border, it’s more than likely that things like leaves, acorns, twigs and other debris will eventually fall onto your property. Even if the tree belongs to your neighbor, these little things are your responsibility to clean up.

So, Can Your Neighbor Force You to Trim Your Trees?

Short answer: no, they cannot. But this is a loaded question, because even if you ignore your neighbor’s pleas to trim your tree, there are possible consequences that can still follow.

Liability

Be aware of any branches overhanging the property line and crossing onto your neighbor’s property. Anything that comes from a tree on your property and causes damage on your neighbor’s property will be your responsibility. So while your neighbor can’t force you to trim your branches, you will be responsible for any resulting damages.

The liability also goes in the opposite direction as well. Say you trim your neighbor’s branches reaching into your property. But this time, you trim a little extra over the fence so that they won’t grow back as fast. Any injuries or damages to the tree will be your responsibility to pay for.

Other Things to Be Aware of

Again, whichever property the tree’s trunk falls on belongs to the owner of that property. This means maintaining the tree to keep it healthy to avoid potential damages.

Disease and Rot

The owner of the tree is responsible for its health and knowing if it has contracted any diseases. If a tree falls and causes injury or damage due to rot or disease, the owner of the tree could very well be responsible for any damages or costs.

Scenic View

In some states and cities, there is a “view ordinance,” which allows neighbors to sue one another to trim or remove a tree that is blocking a scenic view, which in these areas add value to the home or property. Check with your city or town’s ordinances to find out more.