Want to trim your neighbor’s overhanging branches? Here’s how to do it the smart (and legal) way!

You’re sitting on your patio. The sun is on your face, a drink in your hand—it’s wonderful… until you look up. Sigh. There they are again: your neighbor’s overhanging branches. Right above your patio set, falling leaves and all. You have only one thought: “Can I trim those branches myself or not?” Good question. One you’d better not answer impulsively with pruning shears in hand. Here’s exactly what you can and can’t do with your neighbor’s overhanging branches. 

First things first: who's in the wrong?

Before you even touch a single branch, there’s something you need to check: is your neighbor’s tree the right distance from the property line?

The law is crystal clear on this point:

• Are the trees taller than 2 meters? They must be at least 2 meters from the property line.

• Shrubs or small trees? These can be planted up to 0.5 meters from your property line.

• Is the tree too close? If so, you can demand that your neighbor move it or cut it down.

• Is he in the right? If so, the ball is in his court, but you still need to remain polite.

Fruit trees growing against a shared wall are also allowed. But no, you can’t just go ahead and cut off those overhanging apples. You can pick them, though… if they fall on their own. Score! 

Talk to your neighbor, not about your neighbor

Let's be honest: a good relationship with your neighbors is worth its weight in gold. So, don't prune without asking first.

Talk it over together to see if you can trim the overhanging branches, or if your neighbor would rather do it themselves. Do they agree? Great. It’s just a matter of giving each other some space—both literally and figuratively.

If your neighbor says, “I’ll come over and do it myself,” then you have to let him onto your property. And yes, he’s allowed to: it’s called the right of access. 

Last resort: the justice of the peace

What if the mediation doesn't work out? Don't panic. You can always go before a justice of the peace. They'll review the situation and decide whether the complaint is justified and what needs to be done about it.

Note: this isn't necessarily the quickest route, but it's sometimes the most effective. And hey, it's always better than a neighborhood feud over a few branches, right?

When is it okay to prune without permission?

There are a few exceptions where it’s okay to intervene:

• Are tree roots pushing up your driveway, patio, or garden? You can cut them down without hesitation. You can even claim compensation.

• A hedge on the property line? It’s usually considered shared property. You take care of your side, and your neighbor takes care of theirs—unless you agree otherwise.

Can you trim overhanging branches on your neighbor’s property? Sometimes. But not without consulting them first. First, check the legal distance between the tree and the property line, talk to your neighbors, and keep the peace. If reaching an agreement is impossible, the justice of the peace can step in. Did you know that for any real estate question, you can just pop into the Living Stone real estate office in your neighborhood? You’re always welcome!