Can neighbor cut my tree back

We have a neighbor that does not like our tree so close to their property line. They got their yard surveyed and the trunk is one foot off their property line. So its trunk is on our yard by one foot, but half the top of the tree is on their side of the yard. Can they trim it back without asking us? My husband said he called the township and they said as long as the tree is not causing any damage to their property they can not cut it. Now some people tell us they thought they can cut the half that is on their side of the yard. That would make the tree look horrible! So anyone know how this works? It is not causing any problems. They don't like the leaves it drops and Im sure this is why they are causing the issue and getting the property lines resurvayed.

This message was edited Sep 17, 2013 9:54 PM

In many areas a neighbor can not cut the tree if it will endanger the life of the tree. It would not only look awful but storms or strong winds could make the half a tree more vulnerable and more likely to fall...maybe even on your neighbor's house - then how would the neighbors like it, knowing their action caused them the damage? You are best off to contact a lawyer if they begin to do trimming. It's always a sad state when one neighbor gives grief to another. I wish you the best.

People like to believe they can trim any branch that overhangs their property but that is an erroneous belief in many states.

On People's Court the other day Judge Milian says, "you can trim the tree from heaven to hell on your side". I'm pretty sure your neighbor will know that. It don't sound like there is enuff tree on your neighbor's side to kill it from trimming, it'll just look like crap if they do. Should he/she want to dig up the roots on their side THAT could kill it. Maybe they'll be the type to ask permission first, maybe not.
If they kill it, I think you can sue for thousands if they didn't get permission to cut anything.
I did a Bing search for PA. laws, I found a few results. -
http://www.bing.com/search?q=pennsylvania+tree+neighbor+trim+law&go=&qs=n&form=QBLH&pq=pennsylvania+tree+neighbor+trim+law&sc=0-19&sp=-1&sk=&cvid=aa50bd1d24cd41cc9af8e0dad00b06aa

I like this one myself, but I don't know if it pertains to PA. - http://realestate.findlaw.com/neighbors/conflicts-involving-trees-and-neighbors.html

PA. has a $12,000 small claims maximum which is way more than most states, sue the snot out of them if they kill it. In small claims you represent yourself like judge shows, no need for a lawyer.
- http://www.nolo.com/legal-encyclopedia/small-claims-suits-how-much-30031.html

Jess may do best getting something in writing from the town regarding the trimming of trees and what is allowed along with what is not allowed and giving it to the neighbor to alert them as to the potential consequences.

A certified arborist may also have valuable input. Certainly half a tree is much more dangerous than fallen leaves!

Thank you we have a certified arborist that maintains them every few years for us since they are getting bigger and our houses are close. I made a call to him and waiting for him to call me back on how we can trim this tree so its looks nice but is not so hugh or on their their side of the yard so much. I can not do anything to get the top completely off their side unless cut it down but then some dirt will be on their side of the yard and she may not like that! but I will ask him what is best to do at this point. Its said it has only become a big issue the past few years and its been there for at least 15 years now.

I had an issue with a big walnut tree from next door that actually had branches on my house (not to mention the endless disgusting debris). I spoke to a city representative who explained that I could trim the stuff over my property line, but if the tree suffered or, heaven forbid, died, I would be responsible for the cost.

So I actually talked to my neighbor. When they saw the extent of it, they offered to have it cut back. It turned out that cutting the tree back fairly extensively would improve it from their side. I offered to share the cost, which they felt should be their responsibility. The cost for the trim was $450, but they felt that they benefitted more and should pay more, and at that point offered to cover the entire cost themselves. Simultaneously, they were having an ash removed for $1,500. So they were spending real money.

I then did what may seem dumb but was the smartest move I have ever made. I insisted that I was getting so much benefit that I would like to give them $200 toward the cost of the $450 trim. They were impressed and grateful, and I now have a great relationship with a neighbor. And a tree off my house. And a much cleaner driveway. And the removal of the ash and a third of the walnut is bringing some welcome sunlight to my roses, which thank me every morning.

Wow that's nice donna and very fair. I trim ours every few years to keep a lolli pop shape but its still hard to keep it all on our side since its such a big tree now but its not a tree that drops fruits of any kind. Its good you guys have good communication. That really is the best for both neighbors. Im getting a trim price from our arborist and a cut down price incase there is more problems in the future but I hate to cut it down.

Oh man, the best thing I would do is offer to rake the leaves out of their yard each season. It will be a small effort on your part for a great benefit to you by not losing any of your tree. Below is how my township handles things....which I don't necessarily agree with


16. What can I do about limbs from my neighbors tree hanging over onto my property?
First advice is to talk with your neighbor to see if the will trim the branch or authorize you to trim it back.

There are civil court cases on this question and it is generally understood that an owner of real estate has a cause of action against any person who has committed a trespass upon his land. What is not so well known is that cause of action does not require that the landowner allege any actual injury or damage. The harm that is to be remedied is the right to peaceably enjoy full, exclusive use of the property, not the fact that the property is being damaged.

A landowner generally has a right not only to the exclusive possession of the surface of his property but also to what lies above and below it. There is a property right in the air space above the land, and this property right can be invaded by overhanging objects, including tree limbs. When tree branches overhang a property line, the aggrieved landowner is not limited to seeking monetary relief for any damage that may have occurred. When tree limbs grow over onto another person’s property, there is a trespass. In fact, in the case of tree limbs, there is a continuing trespass occurring by the mere fact of the overhang and the possessor of land is entitled to pursue various remedies, including self-help.

With regard to self-help, an aggrieved landowner is entitled to trim the branches back to the property line, and this is true even if the overhanging branches do not damage the property. Also, if the landowner has incurred reasonable expenses in the course of exercising a self-help remedy, he may recoup those expenses from the trespasser.

Again, working with your neighbor is always the recommended before taking unannounced action or "self help" to cut branches on a neighbors tree.

Two court cases that outline the trespass issue are listed below:

Jones v. Wagner, 425 Pa. Super. 102, 624 A.2d 166 (1993), app e al denied, 536 Pa. 626, 637 A.2d 286 (1993).

Koresko v. Farley, 844 A.2d 607, 617 (Pa. Cmwlth. 2004) (“encroaching tree parts are a trespass which a landowner may remove”).


I hope this helps...good luck