ABA Family Legal Guide

Home Ownership

Managing Neighborhood Problems

Trees

Is there any way I can be prevented from cutting down the trees on my own property?

In most cases, the answer would be no, but trees are not strictly private property like barbecue grills. In some instances, neither the tree owner nor the neighbor has unlimited control over the fate of a tree. In some jurisdictions, the municipality has ordinances limiting a tree owner's right to cut the tree down. Or there may be a restrictive covenant in the deeds bearing homage to trees, as there is in one subdivision overlooking scenic Farmington Valley in Connecticut: Homeowners cannot cut them down, even on their own land. They can, however, trim diseased limbs or branches that block their view of the valley below. It is now also quite common for communities to have ordinances barring the cutting down of trees.

Subdivision rules such as this are designed to restrict the use of each lot in a tract for the benefit of all who reside there. One lot owner can enforce the restriction against another. If you are considering buying property in a subdivision, ask about any such restrictions in the general building plan.