Michigan Laws on Cutting Down Trees on the Property Line

Property Lines

• The property line is the exact dividing line between your property and your neighbor's property. Even if the tree branches overhang the property line, the tree is still the responsibility of the homeowner. You cannot go onto your neighbor's property and remove the tree. You also cannot legally kill the tree because it causes damage to your property. Your neighbor has the legal right to sue you for the cost of replacing the tree, if you cause damage or kill it. Usually, a judge in small claims court will determine the exact amount owed, often based on an estimate provided by your neighbor.

Trespassing

• Michigan code MCLA 750.553 covers the laws and regulations relating to trespassing. The code covers the fines punishable for breaking the law, which includes a maximum sentence of a $50 fine or 30 days in a local city or county jail and in some cases, you may be fined both. The trespassing code relates to cutting down neighbor's trees because it specifically covers any damage you make to another person's property. If you cut down or kill trees on your neighbor's property, you may face criminal trespassing fines. In addition to the fines, the court can also fine you for the actual cost of the damaged tree and up to three times the cost of the damages.

Considerations

• The Michigan code points out that local municipalities have the right to impose separate trespassing ordinances or laws, including townships, villages and cities. The laws governing your area may differ from the laws of the state. You should contact your own local police department and discuss the tree problem, as well as any trespassing issues relating to cutting down those trees.

Even When You Like the Trees, It's the Owner's Decision

• In 2009, residents of Kalamazoo discovered how the tree cutting laws sided with property owners, when a Buffalo Wild Wings Grill & Bar opened in the surrounding area and the owner exercised his legal right to cut down trees that sat on his property. Neighbors thus lost the trees' buffer that blocked the noise and traffic on nearby Stadium Drive. Even if you find the trees useful, your neighbor has the right to trim or cut down trees that sit on his property. You may enjoy the trees as a buffer to block out noise, or for additional shade, but the owner of the trees has the right to do what he wants with his property.