Whose responsibility is it if a tree or its branches are encroaching or overhanging a property line?

We regularly encounter questions on pruning and removing vines and trees along property lines as landscape designers in urban gardens. Within a New York City backyard, property lines can be somewhat indistinguishable whether a small Brooklyn brownstone garden or a Manhattan townhouse garden.

Consulting a survey to ascertain an accurate property line is a necessary beginning in establishing ownership of the plant material in question. After that, we recommend clients have reasonable discussions with their neighbors and try to resolve the issue in a mutually beneficial manner.  While that is not always possible, it’s certainly worth a try.

Homeowner tree responsibility extends to overhanging branches.

According to many municipalities, landowners with trees on their property are held to a degree of liability for their trees not to cause damage to neighboring property. They must maintain the health and structural stability of their trees. On the other side of the fence, a neighbor should not take the law into his own hands and try to mitigate a neighboring tree issue.

The legal issues can be complex. The general understanding is that you have the right to trim plant material (woody or non-woody) that encroach along your property line. If you destroy the plant, damage its health or integrity you can be liable for damages. Check with local authorities or counsel for the most accurate interpretations of the local law.