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Who owns a tree that straddles a property line? <br /> <br />Generally, the location of the trunk is used to determine ownership. When a tree straddles a property <br />line, however, various factors are used to determine ownership, including the intention of the <br />property owners. For example, was the tree planted jointly? Do the neighbors treat it as common <br />property through a written agreement or course of conduct sharing responsibility for caring for the <br />tree (e.g., splitting costs for pruning and maintenance). <br /> <br />What if a tree is located on my property but its limbs hang over a neighboring property? <br /> <br />Branches that overhang or roots that enter a neighboring property could be considered a nuisance. <br />“Anything which is injurious to health, or indecent or offensive to the senses, or an obstruction to the <br />free use of property, so as to interfere with the comfortable enjoyment of life or property, is a <br />nuisance.” Minn. Stat. 561.01. <br /> <br />For instance, if a tree planted on your property grows across the boundary line impacting your <br />neighbor’s use and enjoyment of their property, it could be considered a nuisance and the remedy <br />could be monetary or removal of the tree. <br /> <br />Can I trim branches that overhang onto my property? <br /> <br />You can prune branches of a neighbor’s tree that encroaches onto your property. However, you <br />should take several precautions when doing so. Prune only to the property line. Get permission from <br />your neighbor if you need to enter their property to conduct the pruning. Do not cut down the trunk. <br />Take reasonable steps to insure that the pruning will not be harmful to the tree. For example, pruning <br />at a time of year that will not leave the tree susceptible to disease. When in doubt, seek an opinion <br />from a certified arborist for proper tree maintenance advice. <br /> <br />Can I cut down a tree on my neighbor's property that overhangs my yard? <br /> <br />No. Cutting down a tree on another’s property without permission is trespass and carries a specific <br />penalty—Minnesota law provides that whoever intentionally cuts down a tree without the tree <br />owner’s permission can be assessed three times the amount of monetary loss suffered by the tree <br />owner. Monetary loss can be measured in terms of the replacement cost for a similar tree (species, <br />size, health, and location). If the tree damage is unintentional, then the penalty would not be tripled <br />but would be the replacement cost. <br /> <br />Can I be liable if my tree falls and causes damage? <br /> <br />Possibly. If you know or reasonably know that your tree is unsound, you could be liable if it falls and <br />causes damage. You are expected to recognize obvious symptoms of a potential issue (e.g., dead <br />limbs, visible decay, leaning perilously). You should also be aware of targets in the path of a falling <br />tree like fences, buildings, cars, etc. <br /> <br />What should I do if I have issues or concerns with my neighbor’s tree? <br /> <br />Talk to your neighbor. It is almost always better to reach an amicable agreement than to expend the <br />time, effort, and money fighting in court.