Can I Cut Down My Neighbor’s Tree Without Permission?

Does your neighbor have an unsightly, dead, diseased, obstructive, or otherwise hazardous tree that you desperately want removed? If so, you might be tempted to just have it done yourself rather than waiting another year for them to come around. But were you do to this without permission, could you face some legal consequences?

Continue reading to learn your rights as a neighbor to a neighbor who does not take care of their trees.

Noblesville Tree Service 317-537-9770
Noblesville Tree Service 317-537-9770

Neighbor to Neighbor Tree Care

There are infinite factors and clauses that influence how the law is interpreted in terms of trees between neighbors. However, you can gain a basic understanding of your rights, in terms of your neighbor’s trees and what you can do to them, by reviewing the fundamental laws surrounding such cases.

Tree Trimming – If your neighbor’s tree has limbs that overhand onto your property, you are permitted under law to trim them back, but only as far back to the point of your property line.

Tree Roots – If your neighbor’s tree has overgrown or encroaching roots on your property, you can also have the reduced, so long as you remain within your property’s boundary.

Tree Threats – If your neighbor’s tree is posing a potential or actual threat to your property, you are not permitted to enter their premises and take it down under trespassing laws. You can, however, make a request to the court and have them contact your neighbors with an order to take action, or allow you to take action.

Leaves – Leaves from your neighbor’s trees that fall onto your property are not grounds for any legal action.

Shared Trees – If a tree trunk literally sits on the boundary line between you and your neighbor’s property, it is considered common property of both. In this case, both you and your neighbor would have to get permission and agree to any work or alterations made to the tree.

See the Indiana Boundary Fence Statute, Ind. Code Ann. § 32-26-9-3 to review details of all laws surrounding neighbor disputes.

Overall, the law requires all property owners to take reasonable care of their trees through routine inspections and minor maintenance. In the case of tree neglect, if you were to experience damages or losses as a result of a neglected tree, you may be entitled to compensation under Indiana tort law.

Do You Need Tree Service in Noblesville?

Call 317-537-9770 for professional tree services in Noblesville, Indiana. We offer a wide range of professional tree services for residential and commercial properties. Ask us about our competitive pricing and our tree service coupons! And please feel free to contact us anytime for free estimates, advice, general tree removal information, and more. Call 317-537-9770 to request a free estimate, today.