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 New Jersey, disputes over trees and vegetation between neighbors are governed by a combination of state statutes, common law, and local ordinances. 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 damage the health of the tree in doing so. New Jersey does not recognize a tree's overhanging branches as creating a prescriptive easement. If a tree is situated on the boundary line between properties, both property owners own the tree, and neither can remove or harm the tree without the other's consent. Municipalities in New Jersey may have specific ordinances that further regulate tree removal and maintenance. Regarding liability, a property owner in New Jersey can be held responsible if a tree on their property with dead or decaying branches falls and causes injury or property damage. It is advisable to consult with an attorney if you are dealing with a dispute over trees or vegetation to understand your rights and obligations under New Jersey law.