Trees, shrubs, bushes, and other vegetation can be the subject of neighbor disputes. If you are not able to resolve an issue by talking to your neighbor, the law may provide some relief.

For example, if your neighbor’s tree extends onto your property and blocks your view, blocks sunlight, sheds pollen, acorns, leaves, or other foliage—or otherwise interferes with your use and enjoyment of your property—it may constitute a nuisance and you may be able to get help (relief) from the civil court system.

In some states you may have the right to trim a tree to the property line or boundary. But in some states an overhanging tree may have acquired the right to be there through an easement by prescription or prescriptive easement, for example.

But if a tree is on or near the property line and the tree and its root structure extends onto both properties, you generally may not remove it or kill it without your neighbor’s consent. And some municipalities place restrictions on the removal of trees.

Trees with dead or decaying branches can also create liability for a landowner if they fall and cause personal injuries to guests, neighbors, or members of the public—or cause property damage to a neighboring property or motor vehicle, for example.

Laws regarding trees, shrubs, bushes, and other vegetation on neighboring properties may vary from state to state and may be included in a state’s statutes or in its court opinions—also known as common law or case law. And there may be municipal ordinances (laws enacted by local governments in cities and towns) that govern these issues.

In Georgia, disputes over trees and vegetation between neighbors are governed by state law and local ordinances. If a neighbor's tree overhangs onto your property, you generally have the right to trim the branches up to the property line, as long as you do not harm the health of the tree. This is consistent with the principle of self-help. However, if the tree has established a prescriptive easement, which is rare, the rights may differ. When it comes to trees that straddle a property line, both neighbors typically own the tree jointly, and neither can remove or significantly alter the tree without the other's consent. Regarding trees that pose a hazard, the owner of the tree may be liable for any damage or injury caused by falling branches or the tree itself if they were negligent in maintaining the tree. Local ordinances may also have specific regulations regarding tree maintenance and removal, so it's important to check with your local government. If a resolution cannot be reached through discussion with your neighbor, legal relief may be sought through the civil court system.