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 Utah, disputes over trees and vegetation between neighbors are governed by state statutes and common law. If a neighbor's tree overhangs onto your property, you generally have the right to trim the branches up to the property line. However, you cannot trim or remove a tree in a way that would kill or seriously injure it if the tree trunk is located on the property line, as it is considered joint property. There is no prescriptive easement for overhanging trees in Utah, meaning a tree does not acquire the right to overhang onto your property through time. If a tree or its branches pose a nuisance by blocking views, sunlight, or shedding debris, you may seek relief through civil court. Additionally, a property owner may be liable if dead or decaying branches fall and cause injury or property damage. Local municipalities may also have ordinances that regulate the removal and maintenance of trees, so it's important to check local laws. It's advisable to consult with an attorney to understand your rights and obligations regarding trees and vegetation on or near your property.