Trees and Boundary Lines Raise Many Questions

By Michael A. Maines (The following questions are based on a topic idea from a University of Maine Forestry professor.)

Q: Can I trim tree branches from my neighbor’s tree when those branches extend over my yard?

A: Yes, if the branches have grown over the property line onto your side, but you can only trim them back to the property line. And you cannot damage or destroy the tree. This is not your chance at sabotage by harmful pruning. If you do, you may be liable for up to three times actual value. So prune carefully or hire a good arborist. The wood still belongs to the neighbor, so you should stack it neatly along the property line.

Q: Can I pick and eat fruit from my neighbor’s fruit tree that extends over my property? A: No, the fruit belongs to the neighbor, so ask first. The courts are divided on fruit that has fallen on the ground. It’s best to ask your neighbor if you can have the drops.

Q: Can I file a nuisance claim for my neighbor’s leaves that keep blowing into my yard?

A: No. Leaves are considered a natural product. Remember, if leaves are from a branch hanging over your land, you can trim the branch back to the property line. As for the rest of the leaves invading your lawn, get a good rake or a nice leaf blower. A nuisance claim will not fly.

Q: When can I cut a tree right on the boundary line?

A: The safe rule is to leave boundary trees alone. Technically, they may be removed, but only with the consent of all owners. Let’s say one owner is a man and the other owner is a husband and wife. The two men agree to remove the tree but the wife doesn’t know until she gets home from work and finds the tree gone. This is a marital issue beyond the scope of this column. However, based on experience, I would be off on a long hike or hunt at the time she returns home. All owners share responsibility for maintaining boundary line trees. So perhaps the cost for pruning a nice shade tree can be split.

Q: Is my neighbor responsible for damages caused by a tree limb from his tree that landed on my property?

A: Hate to say it, but the answer is “it depends.” Courts usually apply a reasonable care standard. This means the court will ask what a reasonable person would have done. If it turns out the tree was decayed, the top was dead, and precarious branches were dangling over your house, the court will likely find a reasonable person should have known of this danger or failed to perform necessary inspections. So the neighbor would probably be found liable. But if a reasonable person would not have known of any dangers (for instance, just prior to the Ice Storm of 1998) no threat could have been found and the event is simply an act of God. It’s a great idea to have your homeowner’s policy up to date and paid in full.

Q: What can I do if my neighbor has a dangerous looking tree near my property?

A: This question reminds me of law school. The training we get makes us think the answer lies in filing some complaint or notice, taking action to protect our interests. In reality, we need to ask what Mom would have told us: Talk to your neighbor. Tell him or her about the tree or branch and that it makes you feel unsafe. Give them a reasonable amount of time. If no action is taken, then you might file a nuisance claim or tell the town or city. Many municipalities have ordinances prohibiting such dangerous conditions.

(Some of this information is from the findlaw.com website. Please keep in mind that all real-world situations are unique. If you have a boundary line legal issue, consult with an attorney.)

Mike Maines, a licensed forester and attorney, can be reached at Thomas P. Peters II & Associates, 784-1446 or mamaines@roadrunner.com. He welcomes future topic ideas.