Is It Legal to Plant Trees on Lot Lines Without Consent?

Consent Required

• Consent is required when you decide to plant trees directly on the lot line that separates your property from a neighboring property. The lot line is the dividing line and anything placed on the line, including trees or fences, becomes communal property. You and your neighbor share an equal responsibility in the maintenance of the trees, the trimming of any branches and cleanup from the trees.

Considerations

• If you plant trees near the property line, then you may need to discuss the idea with your neighbor before planting. Once the trees begin growing, the branches lengthen and can overhang your neighbor's property. In some locations, the person that owns the tree is responsible for the maintenance. Other states, such as Ohio, give the other property owner the opportunity to cut back the trees and maintain any portions that grow or overhang their property. When you plant trees on your property instead of the lot line, you have the right to remove those trees at any time. You need the consent of your neighbor to remove or tear down trees growing on the property line.

Benefits

• Talking to your neighbor and asking for consent is beneficial. If your neighbor would like shade trees or a permanent dividing line between the properties, then he might agree to help with the costs. Technically, when you build on a property line, you both share the cost. Legally, you can ask your neighbor to pay half the costs associated with planting those trees. The neighbor may refuse to pay any costs because he doesn't feel the trees are needed.

Warning

• Remember, before planting trees on a shared lot line, you must get the consent of the other property owner. If the neighbor does not like the trees or the trees create a nuisance, then the individual has the right to sue. Neighbors can argue that the trees block views, cause problems to their home or that the trees require more cleanups around the yard. If the court sides with the other property owner, then you will need to remove the trees.