Can I Cut the Neighbor’s Tree?

Generally, Colorado law supports your right to prune your neighbor’s tree branches back to the property line, as long as you don’t harm the tree in the process. While you don’t need your neighbor’s permission to prune branches encroaching on your property, it may be best to provide advance notice of your intentions. 

Here’s the scoop: if the tree is growing on your neighbor’s property, you can cut off any part of the tree that extends over the property line into your yard.

1. Is the tree in the neighbor’s land or on the property line?
Take a close look at the property line on the city map or a recent survey. Is the tree trunk growing 100% on property that belongs to your neighbor? Or is it sitting on the property line? You might think you have more rights to cut it if it is on the property line, but this is not the case. In most jurisdictions, if the tree is a “property line” tree, neither neighbor can cut it without the other’s permission.

2. Can I cut off the entire branch to make sure it doesn’t grow back into my property?
Nope. You can only cut the part of the branch that extends over the property line, not one inch more. You’ll want to check to be sure you know exactly where that line is.

3. Can I go onto my neighbor’s land to trim the tree?
You cannot set foot in the neighbor’s property without their consent. It would be considered trespass. You must make the cuts from your own property.

4. What if big tree branches are involved and an arborist says cutting them may kill the tree?
The rule in most jurisdictions is that you cannot destroy or harm the overall health of the tree. This is one of the most important limitations to your right to trim overhanging branches: trimming must not damage or kill the tree. If you or someone you hire prunes too much and harms the health of the tree, the neighbor can sue you for property damage and even for replacement costs for the tree.

How Best to Proceed

• If a neighbor’s tree has grown so that branches are hanging over the property line into your yard, the best first step is to find out the law that applies in your state, in your town, and in your residence. Talk with an attorney if you have a hard time figuring out what the law provides.
• After that, talk to the owner of the property. This may be your neighbor, but it might not, if the property is rented. Describe the problem and ask for their cooperation. If you can afford it, offer to split the cost of hiring an arborist to trim the trees on the property.
• As an alternative, propose cutting the branches at the property line yourself, with the owner of the adjacent property present.