Trees are a common cause of boundary disputes. For instance, you may have a large, old tree on your property that you believe is beautiful and adds significant value to your land. On the other hand, your neighbor may see that same tree as an eyesore, creating unwanted shade in their yard, or they may be worried about the branches falling onto their home.
But say that you go on a short vacation and spend a week out of town. When you come home, you find that your neighbors took it upon themselves to trim your tree for you. Are they allowed to do so?
Up to the property line
In both North Dakota and Minnesota, they may have a right to trim the tree, but only up to the property line. If branches are hanging over your neighbor’s yard or their home, they are fully within their rights to remove those branches.
However, they are not allowed to cross the property line to do so. If they trim the branches back too far or trim them on your side of the property line, then they have violated these ordinances by altering your personal property without your permission.
Additionally, even if your neighbor only trims the branches on their side of the line, they must be careful not to cause significant damage to the tree itself. If they do a poor job with the trimming and the tree ends up dying, then they could still be responsible for the cost of replacing it—which can be much more expensive than many people realize.
Navigating a dispute
Issues with trees are just one reason for boundary disputes between neighbors. Things can get contentious and complicated, so be sure you know all of the legal options available to you if you find yourself in this situation.