Q: We have a neighbor with an overgrown tree. We’ve tried everything to get her to trim it. She won’t do it, and it drops debris on our lawn and makes a mess of our house. What are our options? — Greg

A: Dealing with a neighbor’s overgrown tree can be a frustrating experience, especially when it encroaches on your property. While the specifics can vary depending on local laws and regulations, there are some general steps you can take to address the situation.

First and foremost, communication is key. You’ve already taken a great first step by approaching your neighbor in a friendly and nonconfrontational way to discuss the issue. Sometimes, a simple conversation can lead to a resolution. Explain how the tree affects your property, from dropping limbs to creating a mess, and see if you can reach a mutual agreement on trimming it.

Since this direct approach did not yield results, you may need to explore other options. Check your local ordinances or homeowners’ association rules, if applicable, to understand your rights and responsibilities regarding tree maintenance. In most areas, when a tree is on your neighbor’s property, but its limbs or roots extend onto your property, you have the right to trim them back to the property line, as long as you don’t harm the tree’s overall health.

Like trimming the branches, cleaning up the fallen leaves is up to each owner on their side of the line. The legal system has long-established rules for how each neighbor should maintain their property in a way that does not harm others, while balancing each’s right to use their property as they want to. The Florida courts, where I practice law, decided that “a possessor of land is not liable to persons outside the land for a nuisance resulting from trees and natural vegetation growing on the land.” The courts reasoned that it is better to allow individuals to protect themselves if they are harmed by someone else using their property reasonably than subjecting the other person to annoying and burdensome legal actions, which could be numerous and often unnecessary. While this is sound reasoning overall, it can be frustrating when you are the one cleaning up the mess.

As this applies to your situation, you can trim the tree back to the property line, as long as you do not damage the tree. However, you will need to continue cleaning up any leaves and branches that fall into your yard.

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