Dealing With Neighbors And Trees

As a property owner, you have several rights when it comes to trees on your property:

1. Ownership: If the tree is entirely within the boundaries of your property, it is yours. This means you have control over its maintenance including pruning, fertilizing, and, in some cases, removing it.

2. Trimming Overhanging Branches: If a neighbor's tree branches hang over your property, you generally have the right to trim those branches back to the property line. However, you can't damage the health of the tree in the process, and it's often a good idea to discuss it with your neighbor first.

3. Removal: Generally, you have the right to remove a tree from your property. However, this can be subject to local ordinances, especially for certain species or sizes of trees, or if the tree is considered a hazard. You may need to obtain a permit.

4. Damage Claims: If a tree on your property causes damage to a neighbor's property, you could be held responsible, especially if the damage was foreseeable and preventable through proper maintenance.

5. Nuisance Claims: If a tree on your property is causing problems (for example, roots damaging a neighbor's driveway), your neighbor may be able to bring a nuisance claim against you.

6. Shared Trees: If a tree straddles the boundary line between your property and a neighbor's, it is considered a "boundary tree." Both you and your neighbor share ownership and responsibility for the tree, and neither can trim or remove the tree without the other's consent.

Usually, you should only trim a tree that's on your side of the property. If a tree from your neighbor's side is hanging over into your yard, it's best to chat with your neighbor before you start cutting. Let them know about the branches that are coming onto your side and that you plan to trim them. Make sure you stay on your side when trimming unless your neighbor says it's okay to go onto their side.

If there's a tree right on the line between your place and your neighbor's, it's a good idea to chat with them before you start cutting. Laws about these 'border trees' can change depending on where you live.

Talk to them about what you want to do with the tree and try to agree on a plan. It's helpful to write down what you both agree to, especially about who's doing what and who's paying for what.

If you both decide to trim the tree, you should chat about how you'll split any costs. This could include hiring a pro to do the trimming, fixing any damage, or getting rid of the cut-off bits.

If you can't agree with your neighbor or there's a fight about the tree, it might be a good idea to ask a lawyer for help. They can explain the local rules and help sort out the situation.

If your neighbor has a tree that's not looked after or is dangerous, like if it's dead or sick, and it hurts someone or damages something, your neighbor might have to pay for it. But, showing that they didn't take care of the tree can be tricky, so it's a good idea to talk to a lawyer to understand your situation better.

If your neighbor's tree damages your stuff, your home insurance might help pay for it. Check what your policy covers and talk to your insurance company to see if they'll cover damage from trees.

In Louisiana, you're usually allowed to cut branches and roots that hang into your property. But, it's important to know if your city or town has extra rules about taking care of trees.

Here are some examples of extra rules:

1. Tree Removal Permits: Some places might ask you to get permission before you get rid of certain types or sizes of trees. This is to make sure we don't lose important trees that help the environment and make places look nice.
2. Protected Tree Species: Some places have special rules to protect certain types of trees. You might not be allowed to get rid of these trees without asking first.
3. Space Rules: Cities and towns often have rules about how far trees need to be from property lines, buildings, sidewalks, or power lines. These rules make sure buildings and roads are safe and everyone can get around easily.
4. Professional Help: Some places might ask you to get a tree expert (arborist) to do certain types of tree work. This makes sure the work is done right.
5. Tree Replacement and Protection: If you get rid of a tree, some places might ask you to plant a new one just like it. If you're building something, you might have to make sure you don't hurt the trees that are already there.
6. Tree-Safe Zones: Some cities and towns protect certain trees or areas by making them tree safe zones. If you're building something in these zones, you might need to put up a fence or take other steps to make sure you don't damage the trees.