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Nuisance Trees: Encroaching Branches and Tree Roots Tensions mount when a boundary tree becomes a nuisance to a neighbor on one side of the boundary and not the other. The best advice is to try to work out the problem in a neighborly way, instead of taking your case to court. This fact sheet answers some of the most common legal questions about trees that have become a nuisance, based on the law in Minnesota. Watch for “Tips” as you read. What is a nuisance tree? A Minnesota statute defines a nuisance as follows: “Anything which is … an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance.”1 In the context of neighbors and their trees, the branches from your neighbor’s tree that rub against your roof or the roots that push up your sidewalk are considered a nuisance. What about your neighbor’s tree that leans far into your yard and prevents your use of a corner of your yard? If that tree interferes with the free use and enjoyment of your own property, then the tree has become a nuisance. What is a boundary tree? Courts sometimes use a more complex definition,2 but for most purposes, a boundary tree is one that is either planted on the boundary line between two lots or a tree whose branches, trunk, or roots have crossed a boundary. Who owns a boundary tree? Generally, the location of the trunk determines who owns the tree. A tree trunk that stands solely in your yard is your tree. As the tree owner, you can decide to coddle your tree or cut it down, even if your neighbor protest that removing your tree will expose his once-shaded patio to the blazing sun. Tip: If you and your neighbor are co-owners of a true boundary-line tree, then you cannot cut down the tree without your neighbor’s consent, and vice-versa. You and your neighbor share the tree-care expenses and responsibilities equally. How do I determine where the boundary line is? A survey is the best way to determine the boundary lines of a lot. Look for surveyor stakes or boundary markers. A plat map and legal descriptions help, too. Often neighbors know where the boundary is between their lots. Tip: Talk to your neighbor, if you have any doubt about the location of the boundary line. What can I do if the roots or branches from my neighbor’s tree encroach into my yard? If the roots or branches have encroached into your yard and become a nuisance, you have the right to fix or “abate” the nuisance, but there are limits. Here are some guidelines: x Trim overhanging branches up to the boundary line – at your own expense. This right is called “self-help.” [See “What is self-help?” below] x Trim, but don’t harm the health of the tree or destroy it. For example, cutting off too much of the canopy could jeopardize the tree’s capacity to photosynthesize. Cutting too much of the root system could cause the tree to become unstable and topple over. And pruning an oak between April and September could make the tree vulnerable to oak wilt, a fatal disease. It doesn’t matter that the tree may look funny after trimming it. The 1 Minn. Stat. §561.01 Nuisance Trees: Encroaching Branches and Tree Roots 1 2 See, e.g., Holmberg v. Bergin, 285 Minn. 250, 172 N.W.2d 739 (1969).