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 Mississippi, the law regarding trees and vegetation on neighboring properties is primarily governed by common law, as the state does not have specific statutes addressing these issues. If a neighbor's tree branches extend onto your property, you generally have the right to trim them up to the property line. However, you cannot legally trim or cut down a tree in a way that would kill or seriously injure it if it is rooted on your neighbor's property. When it comes to trees that straddle a property line, both neighbors typically share ownership and responsibility, and consent from both parties is required for removal or significant alteration. If a tree from a neighbor's property is causing a nuisance by blocking views, sunlight, or shedding debris, you may seek relief through civil court. Additionally, a property owner may be liable if a tree with dead or decaying branches falls and causes injury or property damage. Local municipal ordinances may also impose restrictions on tree removal and should be consulted. It's important to note that the specifics of each situation can vary, and consulting with an attorney may be necessary to understand your rights and obligations under Mississippi law.