Trees, shrubs, bushes, and other vegetation can be the subject of neighbor disputes. If you are not able to resolve an issue by talking to your neighbor, the law may provide some relief.

For example, if your neighbor’s tree extends onto your property and blocks your view, blocks sunlight, sheds pollen, acorns, leaves, or other foliage—or otherwise interferes with your use and enjoyment of your property—it may constitute a nuisance and you may be able to get help (relief) from the civil court system.

In some states you may have the right to trim a tree to the property line or boundary. But in some states an overhanging tree may have acquired the right to be there through an easement by prescription or prescriptive easement, for example.

But if a tree is on or near the property line and the tree and its root structure extends onto both properties, you generally may not remove it or kill it without your neighbor’s consent. And some municipalities place restrictions on the removal of trees.

Trees with dead or decaying branches can also create liability for a landowner if they fall and cause personal injuries to guests, neighbors, or members of the public—or cause property damage to a neighboring property or motor vehicle, for example.

Laws regarding trees, shrubs, bushes, and other vegetation on neighboring properties may vary from state to state and may be included in a state’s statutes or in its court opinions—also known as common law or case law. And there may be municipal ordinances (laws enacted by local governments in cities and towns) that govern these issues.

In Kentucky, disputes over trees and vegetation between neighbors are generally governed by state statutes and common law. If a neighbor's tree branches extend onto your property, you have the right to trim them up to the property line. However, you cannot legally trim or cut down a tree if it will cause harm to the tree's health or stability. Kentucky does not recognize a prescriptive easement for trees, so overhanging trees do not acquire the right to be there over time. When it comes to trees on or near the property line with roots extending onto both properties, both neighbors typically must consent to any action that would significantly affect the tree. Additionally, a property owner may be liable if a tree on their property has dead or decaying branches that fall and cause injury or property damage. Local municipal ordinances may also have specific regulations regarding the management of trees and vegetation, so it's important to check with local authorities. If a resolution cannot be reached through neighborly discussion, the civil court system may provide relief for nuisances caused by a neighbor's trees.