Nuisance Trees: Encroaching Branches & Tree Roots

Tensions mount when a boundary tree becomes a nuisance to a neighbor on one side of the boundary and not the other. The best advice is to try to work out the problem in a neighborly way, instead of taking your case to court. This fact sheet answers some of the most common legal questions about trees that have become a nuisance, based on the law in Minnesota. Watch for “Tips” as you read.

  1. What is a nuisance tree?
  2. What is a boundary tree?
  3. Who owns a boundary tree?
  4. How do I locate the boundary lines for my property?
  5. What can I do if the roots or branches from my neighbor’s tree encroach into my yard?
  6. What is self-help?
  1. What are the consequences of trespassing to cut down my neighbor’s tree?
  2. What can I do about branches, leaves, fruit, and other debris from my neighbor’s tree?
  3. Who owns the fruit on the branches of my neighbor’s tree that hang into my yard?
  4. My neighbors cut down their tree that shaded my yard. Do I have any recourse?
  5. Where should I go to seek legal help, if needed?
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Disclaimer

The information included in these FAQs is intended to be educational, not legal advice. If you have a legal problem and require legal advice, please consult a lawyer.