When your neighbors planted saplings along the property line, they were about your height and looked great in the spring when the new leaves appeared. Now, years later, the saplings have grown into tall, mature trees with full canopies that cast long shadows across your landscape. Your patio is dark and your lawn and garden are in the shade.
What’s a neighbor to do with it? shadow tree problem; You will need to act carefully to avoid getting into trouble with the law or Miss Manners. Don’t worry, I’ll help you evaluate your options.
I worked as a lawyer before becoming a plant-loving writer, so all my neighbors tend to bring me their issues and advice. One of the most common neighborhood problems involves trees in a yard shading plants and yards beyond the fence. Here’s what you can and can’t do if a neighbor’s tree is blocking all the light in your yard.
What can you do
The first thing I say in response is to share the bad news: in the United States, property law generally does not recognize the right to receive light, air, or scenic views over a neighbor’s property. This means your neighbor can grow trees as tall or massive as they want, even if they block the view or the flower garden next door, unless some law or agreement restricts it.
Keep this general rule in mind when approaching the neighbor. A threatening attitude is never likely to bring about a good result. Here are four good garden etiquette options that can help, however.
1. Check local ordinances and HOA rules.
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American law generally does not recognize a neighbor’s right to object to a neighbor’s shade tree. But there is no positive law that gives one the right tall trees grow along the property line. Given this, the general rule may be overruled by specific laws or ordinances that address the issue.
So, your first step in a tree dispute is to check if there are any such laws or ordinances. If you live in a community with an HOA, check the rules (called CC&Rs) to see what it says about plants or trees in the yard. Alternatively, if you live in a city, check with the mayor’s office or ask a local attorney if there are any ordinances that address this. Check for solar access laws, for example.
In large cities, there are often laws that prevent trees from being planted within a certain number of feet of the property line. Sometimes they allow a neighbor to force the restoration of the view that existed when they bought their property. If the neighbor is violating the CC&R rules or a city ordinance, you can report it to your neighbor or the authorities.
2. Talk to your neighbor.
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Friends who had success with this option played their cards right. First, they called them neighbor with trees hanging over their yard into their landscape for discussion, thus allowing them to experience the shadow themselves. Second, they offered to pay half tree pruning.
If you decide to move this way, remember to be polite and friendly. Try to negotiate an agreement between yourselves, don’t yell and scream. This could fail and make the issue worse.
3. Prune branches in your yard.
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In most states, you have the right to cut down a neighbor’s tree to the extent that it extends over the property line. You can cut a neighbor’s overgrown bushes if they are also on your property. Use sharp, clean loppers like those from Fiskars to make the job easy.
However, you have no right to enter their landscape, so stay on your side. Nor are you allowed to damage the tree. If you want to go that way, check the property line again. This can be difficult unless the border is marked by a fence or wall.
But don’t just think about legal rights, think about your relationship with your neighbor. You’ll definitely want to talk to the neighbor first and ask if they’d prefer to hire someone to do the trimming. It is always a good idea to communicate your intentions to the owner before performing any work on the tree. You have a genuine interest in maintaining a good relationship with the people who live right next to you.
4. Document a hate fence complaint.
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Some states and local governments have laws against hate fences. These are fences built for purely malicious reasons – such as blocking a neighbour’s view or shading their garden. If a fence found by the court to have been maliciously erected with intent to impair the enjoyment of the neighbour’s property, it may be ordered to be removed. That’s why it’s always good consult your neighbor before building a fencealso.
Trees planted in a line along the edge of the property can form a fence and enable the same protection. If your area has these laws, gather evidence of the neighbor’s malicious intent and lack of any legitimate purpose. Obviously, this is not a good way to develop a happy relationship with a neighbor, so suing in this matter should be a last resort.
What not to do
No matter how much your neighbor bothers you, don’t take the law into your own hands. These two options are an absolute no-no.
1. Cut down the tree.
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You could (and probably will) be arrested for trespassing, vandalism and destruction of property. Almost everyone these days inspects their yard with cameras connected to a computer, so your chances of getting caught are high. Not worth it!
2. Poison the tree.
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This is also a big, fat no for all the same reasons as above. If caught, you can be charged with vandalism and destruction of property. Even if you don’t get caught, your karma will be terrible in the future. So talk to your neighbors and find a solution that will make both of you happy and bring more light into your yard.
