Neighbor's Tree Hanging Over My Property: What Pennsylvania Law Says

When your neighbor's tree sends branches sprawling across your property line, it's more than an annoyance—it's a legal issue with clear remedies under Pennsylvania law. Whether those branches are dropping leaves into your gutters, blocking sunlight, or threatening your roof, you have rights. Here's what Pennsylvania homeowners need to know.

The Short Answer: Yes, You Can Trim to the Property Line

Pennsylvania courts have consistently ruled that overhanging tree branches constitute a trespass onto your property. The landmark 1993 case Jones v. Wagner established that property owners have what's called the "self-help remedy"—you can trim any branches that extend over your property line without your neighbor's permission.

But there are important limits. You can only cut up to your property line, and you must do so from your own property. You cannot enter your neighbor's yard to perform the work, and you cannot damage the tree in a way that kills it.

Your Three Legal Options Under Pennsylvania Law

The Pennsylvania courts recognize three remedies when dealing with encroaching trees:

1. Self-Help (Trim It Yourself)

You can hire an arborist or do it yourself—cutting back any branches that cross into your airspace. You're not required to give your neighbor advance notice, though doing so is generally wise.

2. Recover Your Costs

Here's something many homeowners don't realize: if you incur reasonable expenses trimming your neighbor's encroaching branches, you can seek reimbursement from your neighbor. This was explicitly affirmed in the Jones v. Wagner decision.

3. Seek a Court Order

If you'd rather not handle it yourself, you can file a trespass claim asking the court to compel your neighbor to remove the encroaching branches. You can also seek damages for any harm caused by the encroachment.

Pennsylvania law does not require you to prove actual damage before pursuing any of these remedies. The encroachment itself is sufficient grounds for action.

What About Tree Roots?

The same rules apply to invasive roots. Pennsylvania's Commonwealth Court extended the Jones v. Wagner ruling to include roots that cross property lines. If your neighbor's tree roots are cracking your driveway, invading your sewer line, or damaging your foundation, you have the same self-help remedy available.

You can remove the roots up to your property line and seek reimbursement for reasonable costs.

When Your Neighbor's Tree Falls on Your Property

This is where things get more complicated, and the answer depends on why the tree fell.

Healthy Tree Damaged by Storm

If an otherwise healthy tree falls due to wind, lightning, or storm damage, your neighbor generally isn't liable. This is considered an "act of God." Your homeowners insurance typically covers the damage and removal costs.

Diseased or Dangerous Tree

The situation changes if your neighbor knew—or should have known—the tree was hazardous. If you can prove the tree was visibly dead, diseased, or leaning dangerously, and your neighbor failed to address it after being notified, they may be liable for damages.

The Importance of Written Notice

If you're concerned about a neighbor's tree, document your concerns in writing. Send a letter or email describing the hazard and asking them to address it. Keep a copy. If the tree later falls and causes damage, this documentation establishes that your neighbor was aware of the danger and chose not to act.

Who Pays for Tree Damage? Insurance Basics

The general rule for fallen tree damage in Pennsylvania:

• Your property, your insurance. If a neighbor's tree falls on your house during a storm, your homeowners policy typically pays for repairs and removal—regardless of where the tree originated.
• Negligence changes things. If you can prove your neighbor was negligent (they knew the tree was dangerous and did nothing), your insurance company may pursue subrogation—recovering their costs from your neighbor's liability coverage.
• No damage, no coverage. If a tree falls in your yard but doesn't hit any structure, your insurance generally won't cover removal costs. You'll need to handle it yourself or negotiate with your neighbor.

Practical Steps Before You Cut

While you have legal rights, maintaining good neighbor relations often matters more than winning a legal battle. Consider this approach:

Start with a conversation

Let your neighbor know the branches are causing a problem. Many people aren't aware their tree has grown onto neighboring property, and they may offer to handle the trimming themselves.

Follow up in writing

If you've discussed the issue verbally, send a brief email or letter summarizing the conversation. This creates a record without being confrontational.

Hire a professional

If you decide to trim, use a certified arborist who understands proper pruning techniques. Improper cutting can damage or kill the tree, potentially exposing you to liability.

Check local ordinances

Some Lehigh Valley municipalities have specific rules about tree trimming, especially for large or heritage trees. A quick call to your local code enforcement office can clarify whether permits are required.

Trees on the Property Line

When a tree trunk straddles the property line—part on your land, part on your neighbor's—both owners share responsibility. Neither can remove the tree without the other's consent. Maintenance costs and decisions should be made jointly.

If you can't agree, you may need to involve a mediator or, ultimately, a court to determine how to proceed.

The Bottom Line

Pennsylvania law clearly protects your right to enjoy your property free from encroaching tree branches and roots. You can trim to the property line, recover reasonable costs, and in some cases hold your neighbor liable for damage caused by neglected trees.

But remember: legal rights and practical wisdom don't always align. A respectful conversation often resolves tree disputes faster—and with less expense—than invoking the law. Save the legal remedies for neighbors who won't cooperate.