What Does the Law Say About Trees Growing on Property Lines?

Trees have long been a source of feuding where neighbors are concerned. This article is designed to give a general sense of the law. Of course, some judges may have set judicial precedence in your specific area that might be questionable or may be slightly off as to the general real property laws that are about to be stated, but as a whole these laws are commonly respected.

What if the Tree Trunk is On the Property Line?

Typically, if a tree trunk is one two properties, then the tree belongs to both of the land owners. Which means they are joint owners, liable for their own portions. Simply put, as the courts have upheld in the past, if either party was to cut down the trees that were jointly owned the person who did so would be liable to the other party for damages. Therefore, it is a good idea to get something in writing showing that both owners mutually agree to prune or remove trees to avoid a lawsuit.

What if Only the Branches Are On the Property Line?

No matter what type of tree and branches are being addressed the law still maintains that all branches belong to the trunk of the tree. Which means that whoever owns the trunk also owns the branches. If a person decided to remove the tree branches that hang over their property, those branches still belong to the tree owner and there should be some agreement as to the removal.

What if the Fruit Hangs Over Onto the Neighbor's Property?

Some neighbors have pondered the question, "If the fruit is in my yard, doesn't that mean that I have the right to eat it, sell it, etc." Although some courts have ruled that the property owners each have the portion of the tree in which is on their property, the general law is actually that the person who has the trunk of the tree on their property owns they entire tree and its fruit.

"What can the owner of the tree do to me if I use the fruit?" Well, the courts have commonly ruled that the person who uses the fruit belonging to their neighbor or refuses to allow the owner access to their fruit can be held liable for conversion. Which is to say, converting the fruit to their own use.

"The fruit was on the ground in my yard, so it's mine, right?" Usually, the answer is no. Again, some judges might rule that the portions on or over a person's property allows them to exercise ownership of it, but generally the law says that the owner of the tree also owns the fruit. Regardless of whether or not it falls on the ground belonging to another.

The bottom line is that this is still a touchy subject. Not everyone agrees with the law as it stands. Also, remember that various circumstances and aspects of a case are taken into consideration when something like this goes before the courts. Every part of the situation is usually incorporated but the primary focus is that the law is upheld and rights are protected.