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 West Virginia, 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 cut down or damage the tree itself if it stands on the property line without your neighbor's consent. This is because such trees are considered joint property. If a tree or its branches cause a nuisance by blocking views, sunlight, or shedding debris, you may seek relief through the civil court system. Additionally, if a tree's dead or decaying branches pose a danger and cause damage or injury, the tree owner may be liable. It's important to note that some municipalities may have specific ordinances that regulate tree removal and maintenance, so local laws should also be considered. There is no prescriptive easement for trees in West Virginia, meaning a neighbor's tree does not acquire the right to overhang onto your property through long-term encroachment. Before taking any action, it is advisable to consult with an attorney to understand the specific legal remedies available in your situation.