Owning property comes with many responsibilities, including the potential for disputes with neighbors. One common situation is a neighbor’s tree encroaching on your property, whether through overhanging branches or spreading roots. This can create a nuisance or even cause damage. While Minnesota law does allow you to address the issue, there are specific rules you must follow to avoid legal trouble.

Understanding the Laws Regarding Encroachment

In Minnesota, encroachment includes any branches or roots from a tree on a neighboring property that extend over your property line. State law allows you to trim those branches or roots back to the property line at your own expense. However, you cannot enter your neighbor’s property without permission. Doing so could be considered trespassing.

Before trimming, you should:

• Confirm the exact location of the property line to avoid crossing it
• Only trim what is physically on your side of the boundary
• Properly dispose of trimmed material (you can’t just throw branches back into the neighbor’s yard)

If the tree trunk sits on the property line, it’s considered a “boundary tree,” and you cannot remove or significantly damage it without your neighbor’s consent. Damaging or removing such a tree can result in liability for up to three times its replacement value under Minnesota Stat. § 561.04.

The Importance of Talking to Your Neighbor First

While you’re not legally required to notify your neighbor before trimming, it’s the smart and courteous first step. A calm conversation can often prevent tension and lead to a mutually agreeable solution.

You can:

• Explain your concerns and the legal guidelines
• Offer to split the cost of hiring a certified arborist
• Document the conversation in case a dispute arises later

If your neighbor refuses to cooperate and you believe the tree poses a safety risk, contact your local municipality. While most Minnesota cities do not get directly involved in private property disputes, they may act if the tree is hazardous—such as if it’s dead, leaning dangerously, or has large dead branches.

Trimming or Correcting the Issue

Although you can trim the branches or roots yourself, hiring a certified arborist is highly recommended. A professional ensures the work is done safely, avoids harming the tree’s health or symmetry, and helps protect you from liability. If the work causes substantial damage or kills the tree, you could be held financially responsible—especially for older or mature trees, which can be valued in the thousands of dollars.

What Legal Recourse Do You Have?

Minnesota courts rarely approve nuisance claims for things like a tree blocking sunlight. However, if the roots or branches cause actual damage—such as cracking your foundation, damaging your driveway, or breaking your roof—you may have grounds for a damage claim. In that case, the neighbor could be ordered to cover repair costs and take steps to prevent future damage. If branches are near or touching power lines, contact your utility company. Most will handle trimming for safety reasons at no cost to you.

Work With a Trusted Arborist

When you need expert help, [company_name] is here for you. Our certified arborists have the training and experience to handle tree trimming, pruning, and removal safely—protecting both your property and your neighbor’s. We’ve been serving the Twin Cities area for over 30 years, and we stand behind our work with a 100% satisfaction guarantee. Contact us today to schedule a tree inspection and get an estimate for your project.