If a tree is damaged or destroyed by a neighbor, it is the responsibility.

Likewise, you must take care to keep the health of the tree in mind as a result of tree trimming.

Dec 15, The neighbor does have the right to trim the overhanging tree with the following limitations: (1) the tree can only be trimmed to the property line; (2) the tree must not be trimmed to such an extent as to damage or harm the health of the tree; (3) there is no right to trespass upon the neighbor’s property in order to trim the tree; (4) the cost of trimming the tree in borne by the neighbor doing the shrubpruning.bars: 1.

Sep 12, Branches Hanging Over Your Yard If the trunk of a tree is located in your neighbor’s yard, but branches extend onto your property, the neighbor is the legal owner of the tree. Aug 28, You can trim back any limbs intruding into or over your property, but only up to the property line, no further.

And if you (or whomever trims for you) is in some way negligent or careless and ends up injuring or kililng the tree, you can be held liable. The owner of a tree is not responsible for the damage its roots cause to neighboring property, but the neighbor's"right to cut off the intruding boughs and roots is well recognized." Ponte v.

DaSilva, Mass."The failure of a landowner to prevent the blowing or dropping of leaves, branches, and sap from a healthy tree onto a neighbor's property is not unreasonable and cannot be the basis. The neighbor hired an unlicensed day laborer to trim a tree which was encroaching over his property.

But the worker also cut (i.e., hacked with a chain saw) substantial parts of the tree and that were on the tree owner's land. The property owner sued for wrongful injury to timber and won the trial. The Court awarded damages for the replacement. You have the legal right to trim tree branches up to the property line. But you may not go onto the neighbor's property or destroy the tree itself. Deliberately Harming a Tree In almost every state, a person who intentionally injures someone else's tree is liable to the owner for two or three times the amount of actual monetary loss.