How about one that’s on my neighbor’s property, but it hangs over mine? How about one on city property? If I can’t cut it down all the way, can I at least cut the parts that are on MY property? What if it’s dangerous? What if it’s dropping crabapples all over my lawn? What if it’s really really ugly?

Tree law anywhere in the US is complicated. For the most part, these ordinances are created at the city level, so you’ll want to look up the laws in your town. Here are some of the basics that most all cities in the area seem to agree on.

You Can Cut Anything On (or hanging over) Your Property. 

If a tree’s trunk is entirely on your neighbor’s lawn, but it has limbs hanging over yours, you can cut those limbs at (but not beyond) the property line. Keep two important things in mind:

1. This may very well NOT be in the best interest of the tree. Cutting along a property line is totally arbitrary from the perspective of the tree. There are good places and bad places to make cuts. You may end up causing irreparable damage and, even more likely, making the tree look very stupid.

2. While you are allowed to cut along the property line, you can’t touch your neighbor’s property without permission. This means no equipment, no climbing, no walking, and no dropping branches on their side. This can make the trimming nearly impossible in some cases.

Most state and city ordinances do have an exception to this: Section 750.382 of the Michigan Penal Code reads, 

“A person who willfully and maliciously, or wantonly and without cause, cuts down, destroys, or injures any tree, shrub, grass, turf, plants, crops, or soil of another that is standing, growing, or located on the land of another is guilty of a crime as follows . . .”

It then goes on to lay out (exhaustively) that one can incur fines anywhere from $500 to $15,000 (or three times the value of the tree) and/or jail time of anywhere from 93 days to 10 years. “Maliciously,” “wantonly,” and “injures” can all be a little more vague than we’d like, so best not to let them get to the judge-and-jury stage. When in doubt, step one should really be to talk to your neighbor. Step two should be consulting an arborist (they’re cheaper than lawyers.) And step three, lawyer. 

If the trunk of the tree is completely on your property, it’s yours.

…and you can do whatever you want to it. You can cut it down or prune it or climb it or build a treehouse (check local building codes.) Check to make sure it’s not a protected species, which can be illegal to cut down. Milan has none of those. Even if it hangs over your neighbor’s yard and they really really like it, it’s yours. Keep in mind that all of the above rules still apply from your neighbor’s perspective—they can (generally) prune anything on their side of the line. Also keep in mind that you (generally) have no legal obligation to pay for pruning that your neighbor wants to do on their side.

In rare cases where a hazard exists, a city may have the authority to require you to remove or prune a tree on your own dime (ie. a tree that is completely dead and could fall onto a public road.) In these cases, the city will notify you and give you some time frame to remedy the problem. If you don’t comply, penalties can be steep. Here in Milan, Michigan, our city ordinances state that you have 30 days after being notified, and if you fail to comply, the city will hire a third party to do it, send you the bill, and charge you an additional 10% “administrative fee.” (Sec. 22-18.)

In even rarer cases, a city may find “blight” on your property. This basically means that they think something is unsightly beyond an acceptable level. Again, you’ll have to do some reading, as “blight” is defined differently across the board. In Milan, the only definitions of blight (Sec. 5-3) that are even sort of tree-related are:

“Unsightly conditions including accumulation of debris”

and:

“landscaping that is dead, characterized by uncontrolled growth or lack of maintenance, or is damaged”

The city may also require you to cut down any tree on your property that’s dead. Milan does. (Sec. 22-13.)

If the trunk of a tree is ON the property line, it belongs to both of you.

…and neither party can remove the tree without the consent of the other. Still, either of you can prune whatever is on your property. But a word of caution—in these cases, it’s likely that a huge portion of the tree’s canopy is hanging over your property. Pruning too much of it can seriously damage or even kill the tree, which may in turn put you on the bad side of a civil lawsuit.

If such a tree is deemed hazardous or blight by the city, an order to remove (and subsequent fines) should go to both property owners, being divided evenly. It won’t usually matter if the tree is only 10% on your property—it’s still 50% your tree and 50% your responsibility. 

If the trunk of the tree is on city property… consult your local ordinances.

If it’s in a park or open public space, don’t touch it. No pruning, no removing, in Milan, you can’t even tie a rope to it. (Sec. 22-8.) It’s the city’s tree and the city’s responsibility.

And that brings us to easement trees. Libertarians, prepare to be frustrated.

The easement, greenbelt, road verge, curb strip, etc. (it has lots of names) is that space between the sidewalk and the curb. It’s city property, and it’s YOUR responsibility. Once again, these specifics will change from city to city, but that’s usually what the law says for broad-strokes purposes. That piece of land, and everything on it, belongs to the city. They can walk on it, drive on it, cut down trees, and do whatever else they want without your permission or even notifying you in advance. 

But much in the same way that you still have to mow the grass there, you’re also responsible for taking care of the trees there. In Milan, the city will require you to remove it if it’s dead, or to prune it so that it doesn’t:

“...obstruct the light from any street lamp, obstruct the view of any street intersection, or interfere with the visibility of any traffic-control device or sign, and so that there shall be a clear space of twelve (12) feet above the surface of the street or highway.” (Sec. 22-12.)

You also can’t plant a tree in this area without a permit. (Sec. 22-14.)

There are other random laws that you’ll need to be aware of.

Again, not to beat a dead horse, but you’ll need to do some research on the laws in your specific state, city, township, and even HOA. For example, in Milan, you can’t put a driveway within six feet of a city tree (Sec. 22-9.) There’s a short list of specific trees that can’t be planted anywhere near a sidewalk (Sec. 22-15.) Trees can’t be planted under wires, street lamps, or traffic signals if they’ll EVER grow more than 40 feet tall (Sec. 22-16.) 

In conclusion, you’ll need to read up on local laws to get good answers to these questions. They’re easy to find—just Google “[your city] [your state] tree ordinances.” A good relationship with your neighbor(s) can solve (or avoid) a lot of problems. Talk to them first, an arborist second, a city official third, and a lawyer last. And as always, we do free estimates! We’ll even look up your local ordinances if necessary.