Under Georgia law, property owners have the right to trim tree branches that extend onto their property, but only up to the property line. You cannot cut into the trunk or damage roots on the neighbor’s side, as doing so could harm or kill the tree. If that happens, you may be held legally responsible for any resulting damage.
Most disputes over tree branches in Southeast Georgia come from misunderstanding these property boundaries. That’s why professional arborists, like McKay Tree Service, combine legal awareness with expert tree care, ensuring every job protects your property, respects your neighbor’s rights, and maintains the health of your trees.
Who Owns the Tree and Who Has the Right to Trim It?
Ownership is determined by where the trunk is rooted. If the trunk sits entirely on your neighbor’s property, the tree legally belongs to them. If it is on your land, it is your tree. If the trunk sits directly on the property line, it is considered a boundary or shared tree. In that case, neither party can remove it or significantly alter it without the other’s permission.
Georgia follows a rule known as the “self-help” doctrine. This means you are allowed to trim branches or roots that extend onto your side of the property line. But you must follow these conditions:
- You can only trim what is physically on your side.
- You cannot step on your neighbor’s property without permission.
- You cannot cut into the trunk or remove major structural limbs.
- You cannot damage or kill the tree in the process.
If trimming causes the tree to die, the person who caused the damage can be held financially responsible. This is why hiring a professional tree service is recommended when large limbs, old trees or power lines are involved.
What You Can and Cannot Do When a Neighbor’s Tree Hangs Over Your Yard
You have the right to remove branches that cross your property line. You are not required to ask your neighbor for permission to trim what is on your side, but it is still smart to tell them ahead of time to avoid misunderstandings.
Here is what you are allowed to do:
- Trim branches that hang over your fence, roof or driveway.
- Keep or dispose of branches that fall on your property.
- Clean up your own yard after trimming.
Here is what you should never do:
- Cut beyond the property line.
- Prune branches so aggressively that the tree becomes unstable.
- Climb onto your neighbor’s property without consent.
- Cut roots that could affect the tree’s stability.
If the tree is on shared property (trunk on the boundary line), both neighbors legally share responsibility. These trees require agreement before trimming or removal. Written consent is recommended in these situations.
Who Pays If Overhanging Branches Cause Damage?
This is where most disputes begin. The answer depends on the health of the tree and the situation.
If the tree is healthy and a storm causes damage:
- Each homeowner is responsible for cleaning debris on their side.
- Insurance usually covers roof, fence or structure damage.
- No one is considered at fault.
If the tree was dead, diseased or neglected:
- The tree’s owner may be held responsible for damage.
- If the neighbor had warned them in writing and they ignored it, liability is stronger.
- Their insurance may deny coverage due to neglect.
If branches simply fall into your yard but cause no property damage:
- You are responsible for cleanup on your side.
- You cannot force your neighbor to pay unless damage occurred.
Power line situations:
- Never attempt to trim branches near live wires.
- Call the utility company or a licensed tree service
Keeping photos, written communication and inspection reports helps in insurance and legal situations. Many homeowners take pictures and email their neighbor when they see a dead branch hanging over their property. This simple step can protect both parties if damage occurs later.
How to Handle Tree Problems With Neighbors Without Arguments
Even if the law is on your side, keeping the peace is important. Trees last longer than disagreements, and you will still live next to the same person tomorrow. Here is how to handle it well:
- Talk before you trim. Explain politely that branches are overhanging or unsafe.
- Stay calm and stick to facts, not blame.
- Get a certified arborist’s report if you are unsure or need proof of risk.
- Offer solutions instead of demands. You can say, “Would you be open to trimming it together or hiring someone to handle it safely?”
- Always clean up branches on your side unless the neighbor offers to help.
- Keep receipts and before-and-after photos for your own records.
Good communication prevents small tree issues from turning into legal disputes or broken relationships.
When to Call a Professional Tree Service or Arborist
Some tree situations are too risky for DIY trimming. Call a professional if:
- Branches are large or close to roofs, sheds or vehicles.
- Trees lean toward a neighbor’s home or your own.
- You notice cracks, hollow areas or fungus on the trunk.
- Branches are touching or close to power lines.
- The tree sits exactly on the property line and both neighbors are involved.
- You need inspection reports for insurance or HOA requirements.
A licensed arborist understands Georgia property laws, tree health and safe trimming practices. They know how to avoid damaging the tree while protecting your property and keeping peace between neighbors.
Frequently Asked Questions
Can I trim my neighbor’s tree if it hangs over my yard?
Yes, but only up to your property line. Cutting into the trunk or major limbs could be considered damage. Always hire a licensed arborist if you’re unsure.
Who pays for damages if an overhanging limb breaks?
If the tree is healthy, you’re responsible for cleaning up on your side. If neglect or decay was evident, the tree’s owner may bear responsibility.
Do I need a permit for trimming or tree removal?
In most Southeast Georgia towns, trimming doesn’t require a permit, but removals in protected zones may. McKay Tree Service confirms local rules before starting work.
What’s the safest way to handle branches near power lines?
Never attempt DIY trimming near live lines. McKay Tree Service works with local utilities to remove dangerous limbs safely and legally.
Sources:
1. Georgia Code § 51-9-1 – Right to Exclusive Possession of Property
https://law.justia.com/codes/georgia/2020/title-51/chapter-9/section-51-9-1/
2. University of Georgia Extension – “Nuisance Trees and the Law (C 984)”
https://extension.uga.edu/publications/detail.html?number=C984
