1. Questions about Roots and Branches

The location of a tree’s roots and branches generally doesn’t count in determining who owns a boundary line tree. The issue is where the trunk is growing. But if someone owns a border tree – or any other tree – and its roots or branches come onto a neighbor’s property, is the neighbor out of luck if he doesn’t want the roots or branches on his land? Or is there something he can do about it?

You can also flip the question and ask if there’s anything the tree owner can do if the neighbor cuts off the branches and roots that have come onto his land.  Is the tree owner out of luck, or is there something he can do to protect his tree?

This is an area of law where the answer varies quite a bit, depending on where you live and what the branches and roots are like. We’ll talk about some of the common situations.

overhanging branch

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