Law FAQ: My neighbor’s tree hangs over the property line. Do I have the right to cut back the branches?

Law FAQ: My neighbor’s tree hangs over the property line. Do I have the right to cut back the branches?

Yes.  The Tennessee Supreme Court made clear in 2002 that you definitely have the right to cut away any branches or vegetation to the extent it hangs over onto your property.  In other words, you may cut branches up to the property line; however, you may not cut over into your neighbor’s property.

The case is Lane v. W.J. Curry & Sons, 92 S.W.3d 355 (Tenn. 2002).

The more difficult issue that typically arises in this context is whether your neighbor has a duty to cut back the branches him/herself.  The answer to that question is a bit more fact dependent, but the summary of the law by the Tennessee Supreme Court is as follows:

Encroaching trees and plants are not nuisances merely because they cast shade, drop leaves, flowers, or fruit, or just because they happen to encroach upon adjoining property either above or below the ground.  However, encroaching trees and plants may be regarded as a nuisance when they cause actual harm or pose an imminent danger of actual harm to adjoining property.  If so, the owner of the tree or plant may be held responsible for harm caused by it, and may also be required to cut back the encroaching branches or roots, assuming the encroaching vegetation constitutes a nuisance.  We do not, however, alter existing Tennessee law that the adjoining landowner may, at his own expense, cut away the encroaching vegetation to the property line whether or not the encroaching vegetation constitutes a nuisance or is otherwise causing harm or possible harm to the adjoining property.

Also, there’s a helpful distinction in Footnote 9 in the case relating to rotten/dead trees, which fall into their own special category:

It is important to note, however, that dead or decaying trees that cause harm are in a category of their own and require a different analysis.  Unlike the cases involving harm caused by live trees, which are based on nuisance or trespass principles, cases involving dead or decaying trees are typically analyzed according to negligence concepts.  Thus, liability usually turns on whether the defendant landowner lived in an urban or rural area, and whether the defendant knew or should have known that the tree was dead or decaying and therefore was on notice that the tree might fall.  See, e.g., Staples v. Duell, 329 S.C. 503, 494 S.E.2d 639 (App. 1997); Taylor v. Higley, No. 02A01-9207-CV-00194, 1993 WL 137593 (Tenn.Ct.App. May 3, 1993); see also Restatement (Second) of Torts § 363(2) (1965); Dan B. Dobbs, The Law of Torts 588-89 (2000).  The trees involved in the present case are live, healthy trees.  Thus, we do not reach the question in this case whether or to what extent liability may be imposed for harm caused by a dead or decaying tree.  That subject must await an appropriate case.

Injury Law FAQs

Our Memphis injury law firm knows that people dealing with an injury often have questions about how the process works and what steps they should take next. In this FAQ section, our team covers several topics that come up often when someone is hurt because of another person’s actions. Our personal goal is to offer clear information that supports individuals as they decide how to move forward with their claim.

When Should Someone Reach Out To An Attorney After Being Hurt

We find that it’s helpful to reach out sooner rather than later when an injury occurs. Early contact allows us to review what happened, look at the available details, and offer guidance on possible next steps. Waiting too long can make it harder to gather records, speak with witnesses, or review evidence. Even if someone is unsure whether they have a claim, speaking with our highly trained and experienced professionals early gives us the chance to point them in the right direction.

What Types Of Cases Fall Under Personal Injury Matters

This area of law covers a wide range of situations. Many individuals come to us after a vehicle collision, workplace accident, trip and fall, or an incident caused by unsafe conditions on someone’s property. We also see cases involving product-related harm or situations where a person was hurt due to careless behavior. Each case involves different circumstances, so our Memphis injury law firm takes the time to understand the details before advising someone on the strength of their claim.

How Can An Attorney Help Determine The Value Of A Claim

We look at several factors when estimating the worth of a case. Medical records, time missed from work, property damage, and long-term effects of the injury all play a part in this process. We also consider how the incident has disrupted the person’s daily life. Our Memphis injury law firm can attest that taking the time to examine the full picture often leads to a more accurate claim value. While no two cases are the same, reviewing solid documentation helps us offer a realistic assessment.

What Steps Should Someone Take Immediately After An Accident

We suggest focusing first on safety and medical care. After that, collecting photos, saving damaged items, and gathering witness names can be helpful. Keeping copies of medical records and bills is also important. When possible, contacting an attorney early in the process helps us preserve details that might be lost over time. These initial actions give us a clearer view of what happened and support the person’s claim moving forward.

How Long Does A Person Have To Pursue Legal Action After An Injury

Each state has a deadline for starting a case, often referred to as the statute of limitations. Once that window closes, it becomes much harder to move forward. Since these time limits vary, we encourage individuals to reach out promptly so we can review the timeline and determine the available options.

Move Forward Today

We hope these answers provide a clearer understanding of what to expect when considering a claim. If someone has been injured and wants to understand their next steps, we invite them to contact our team at Patterson Bray PLLC so we can talk through their situation and offer guidance on how to move forward.