If a tree sits on the edge of your property and its branches or part of its body extend to the neighbor’s side, or vice versa, determining who is responsible for it can be challenging. However, working out tree care and ownership with your neighbor will ensure you don’t end up at odds. Use the guide below to figure out your duties and how to approach your neighbor about the issue.

Who Owns the Tree?

When buying a home, learn which trees belong to you through a property survey. Even in the case of an overhanging tree, there should be a clear owner. Knowing who owns the tree will clarify responsibilities between neighbors concerning maintenance, branches, leaves, and fruits from the tree.

You may hire a surveyor after the fact in cases when a border tree might have been too young or was not included. If the tree is split between two properties, it’s considered equally belonging to both property owners. In this case, tree care by either party should be brought to the other owner’s attention.

What If You Don’t Own the Tree?

If the tree is not yours, but its branches hang on your side, you’re allowed to trim it only up to the property line. If you damage the tree, you are likely to be liable and required to compensate the owner. If there are fruits on the tree, the owner keeps it. Falling leaves on your property are your responsibility.

How Should You & Your Neighbor Handle Tree Care?

Being on friendly terms with your neighbor isn’t required to maintain an overhanging tree, but cooperation will keep the peace between the two of you. To avoid involving lawyers and other officials, have a conversation with your neighbor or write up an agreement regarding tree care responsibilities.

If an irreconcilable dispute arises, you may elect to hire a real estate lawyer who can advise you on what you can or can’t do to the tree according to the law. Different states, cities, and counties may have different policies regarding your responsibility for the tree.

If you could use professional help maintaining your overhanging tree, call in the experts from Ohana Tree Services in Honolulu, HI. For over 20 years, they’ve provided homeowners and business owners with quality tree care services like stump removal, trimming, pruning, as well as land and brush clearing. Call (808) 520-0186 today or visit their website for more information on their services.