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 South Dakota, 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 damage the health of the tree in doing so. South Dakota 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 or branches extending onto both properties, both neighbors typically have ownership rights, and you cannot remove or kill the tree without the consent of the other property owner. Municipal ordinances may also impose additional restrictions on tree removal. Regarding liability, a landowner in South Dakota may be held responsible if dead or decaying branches fall and cause injury or property damage. It's important to check both state law and local ordinances to understand the full scope of your rights and responsibilities concerning trees and vegetation.