When the branches of your neighbor’s tree start creeping into your property, it’s essential to address the situation promptly and efficiently, ensuring harmony prevails between neighbors. Here’s a simplified guide to help you deal with this common issue.
**Understanding Property Boundaries:**
Firstly, it’s crucial to establish the property lines. You should refer to your property survey or land documents to determine exact boundaries. Often but NOT always, fences are a pretty good indicator, so double check with the official records through you district or county clerk
**Communicating with the Neighbor:**
Open communication is key. Politely inform your neighbor about the tree encroachment issue and discuss potential solutions. It’s possible that the neighbor might not be aware of the problem, and are more often than not, more than willing to get on the same page.
**Review Local Ordinances:**
Research local laws and ordinances regarding tree encroachment. Some areas have specific regulations about how far tree branches can extend into neighboring properties. You should be aware of your rights and responsibilities under these laws. Most states give you permission to prune or manage the tree, as long as it is within certains industry standards, and does not harm to the tree, namely ANSI A300 standards for tree care and ISA Best Management Practices.
**Offering Solutions:**
Suggest amicable solutions such as trimming the branches at your own expense. If the tree poses a threat to safety, you may need to insist on its removal or trimming. Ensure you document all communications with the neighbor in case legal action becomes necessary.
If you suspect the tree to be dangerous, especially if you have anything or anyone underneath, it’s best to call in a true professional, especially if your neighbor is disagreeable regarding the tree.
The following professionals can help with official reporting to document and communicate the situation before here is an emergency:
– ISA Certified Arborist
– ISA Board Certified Master Arborist (BCMA)
– Tree Risk Assessment Qualified (TRAQ)
– American Society of Consulting Arborists (ASCA) member
– ASCA Registered Consulting Arborist (RCA)
**Trimming/Pruning**
If direct communication fails, don’t worry … in most municipalities and HOAs/Communities you actually have the right to prune any tree portion that comes across your property within reason. It’s very important that a certified Arborist arborist is the one that is performing the work, and that all pruning operations are done in accordance with ANSI A300 pruning standards, and ISA Best Management Practices (BMP’s)
**Legal Pitfalls:**
It is critical to hire a true professional when dealing with trees owned by someone else that are encroaching on your property. If damage is done to the tree and the portion of the tree or the whole tree dies, you can be held liable in certain situations. Always ensure that the tree is in good health and that it is pruned by an international Society of Arboriculture Certified Arborist or Board Certified Master Arborist.
**Document Everything:**
It’s critically importance to document all communication and actions taken regarding the tree encroachment. This documentation can be invaluable if legal proceedings become inevitable.
**Conclusion:**
Handling a situation where a neighbor’s tree encroaches on your property requires patience, communication, and a good understanding of local laws. By approaching the issue calmly and responsibly, your clients can find a resolution that maintains neighborly relations while protecting their property rights.
I hope this helped and you learned a bit about how to handle your neighbor’s trees that are growing into your property. If you need help with a unique situation, and don’t know where to turn, we are here to help and help walk you through your problem!
Click HERE to talk to a true tree professional today!
My Best,
Matt Latham
Board Certified Master Arborist #TX-3737A
mattlathambcma@gmail.com
www.arboristondemand.com
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*Disclaimer: This information is provided for general informational purposes only and should not be construed as legal advice. Consult with a qualified attorney for advice regarding your specific situation.*
