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 Mexico, disputes over trees and vegetation between neighbors are governed by state statutes and common law. 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 trim or cut a tree in a way that would kill or seriously injure it, especially if the tree trunk is situated on the property line, as both neighbors are considered co-owners of the tree. Before taking any action, it's important to check for any local ordinances that may impose additional restrictions on tree removal or trimming. In cases where a tree constitutes a nuisance by blocking views, sunlight, or shedding debris, a civil court may provide relief. Additionally, a landowner may be liable for any damage or injury caused by dead or decaying branches from their trees. It's advisable to consult with an attorney to understand the specific legal remedies available and to ensure compliance with all relevant laws and regulations.