Do you have issues with your neighbor’s tree?
Is the trunk of the tree entirely on your neighbor’s property, but the majority of the branches, leaves and broken limbs end up on your property? Or what if your neighbor has a delicious apple tree and the branches extend onto your property and you want to know if you can partake of the fruit? What is a boundary tree and who is responsible for maintaining it?
Let’s start by clarifying that the below is ONLY related to Tennessee law and the below is general information. You should always get a consultation with an attorney licensed in your specific state BEFORE you proceed with any actions. Our law firm is licensed in Tennessee, Georgia, Alabama, Texas, Oklahoma and Arkansas.
Debris Issues:
In Tennessee, if the branches of your neighbor’s tree extend over onto your property, you are allowed to trim the branches. However, you may not go onto the neighbor’s property or destroy/harm the tree. If any trimming you do to the tree causes harm to the tree, you can be sued for up to 3 times the value of the tree. In some cases, specific trees can be valued in the tens of thousands of dollars. Best suggestion would be to work with the neighbor and ask him/her to trim their tree. Also, ensuring you know exactly where your property line starts and ends is required.
Partaking of The Fruit:
In Tennessee, while you may have the right to trim branches that are on your property from your neighbor’s tree, in most cases the fruit from that tree is the property of your neighbor. It’s always best to just ask your neighbor if you can have the fruit and leave such small matter out of the courts. And definitely don’t go picking fruit off a tree on public or private property without permission – that’s stealing in any state!
Boundary Tree:
In Tennessee, a boundary tree is one that is located on a common property line of adjoining landowners. Both landowners have an interest in the tree. Neither landowner has the right to cut down the tree without the consent of the other.
If you are having issues with your neighbor regarding boundary lines or trees, it’s always best to try and resolve the matter on your own before engaging an attorney or bringing the matter to court.
There will be cases, however, like when major property damage is involved and your neighbor is not abiding by the law, when you will need to contact an attorney and Wooden Law Firm, P.C. should be your first call. We have years of experience with resolving property matters and neighbor disputes.
As always, these blogs are intended for general information. If you have a specific legal matter, please contact us at (423) 756-9972.
Contact Us
If there is a cloud on the title to your property and you have paid the property taxes, then there may be grounds for you to establish clean title to that property. For more information regarding actions to quiet title or assistance with your individual matter, please contact the attorneys at Wooden Law Firm, P.C. Our attorneys are available to assist you with resolving your title issues.