My Neighbor's Tree Is Growing in My Yard

Identifying Ownership

• Even if the roots and branches of a tree reach into another yard, the American Bar Association says it belongs to the owner of the land on which the trunk stands. If the trunk overlaps two or more property lines, the ABA says that it usually belongs to all the property owners. Identifying ownership helps to prevent arguments about who must keep a tree trimmed and what happens if it is damaged by a nonowner. Confusion about property lines might need to be clarified before neighbors settle issues of who is responsible for actions affecting the tree.

Establishing Property Lines

• Property lines normally are specified in home deeds. But if boundaries are unclear, the ABA suggests resolving the issue by hiring a surveyor or filing a more expensive but "quiet" title lawsuit. It is also possible for the neighbors to agree on a boundary based on an imaginary line or physical object, such as a tree or fence, and then jointly sign a quitclaim verifying the line and ownership on either side of it. But even if a tree is clearly within the neighbor's boundary, the ABA says, the nonowner has limited rights to trim branches that overhang his yard.

Trimming and Damages

• If tree branches or roots extend into a neighbor's yard, West Virginia Senior Legal Aid Inc. says that the neighbor may cut them back to the property boundary as long as the tree isn't injured. But trimming usually must be done from the nonowner's side of the boundary. Also, the nonowner may not remove or otherwise destroy the tree without the owner's consent. Before trimming another person's tree, it is wise to consult the owner, who could offer to help pay for the work or to do it himself.

  When an owner's tree damages a neighbor's car, roof or other property, it is usually the nonowner's auto and homeowner's insurance that covers the cost of damages, according to the Kiplinger.com website.

Fruit Ownership

• The fruit of trees that reaches into nonowners' yards is the property of the tree's owner unless the owner wants to share it. This kind of neighborliness could win the nonowner's forgiveness about fruit that falls to the ground and rots. However, the ABA indicates that owners who want to avoid charges of damaging lawns or creating a nuisance should be willing to clean up their fruit when it falls in a neighbor's yard.

Courtesy and Negotiation

• Many problems between neighbors can be avoided through thoughtfulness and a willingness to negotiate. If a neighbor's tree is creating a problem in another yard, the best action is for the two homeowners to discuss it and agree on a solution. Staying out of court is friendlier and saves money.