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 York, disputes over trees and vegetation between neighbors are governed by state 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 York does not recognize a tree's overhanging branches as creating a prescriptive easement. If a tree is situated on the boundary line between properties, it is considered a 'boundary tree,' and both property owners own the tree. Neither neighbor can remove or harm the boundary tree without the other's consent. Regarding nuisances, if a neighbor's tree blocks your view or sunlight, or if it sheds debris onto your property, you may seek relief through the civil court system, but only if the interference is substantial and unreasonable. Municipalities may have additional regulations regarding tree removal, especially for protected or landmark trees. In terms of liability, a property owner in New York can be held liable if a tree or its branches fall and cause injury or property damage, but only if the owner was negligent in maintaining the tree. It is advisable to check local ordinances for any specific rules that may apply to your situation.