ABA Family Legal Guide

Home Ownership

Managing Neighborhood Problems

Trees

Am I liable for the encroachment of my trees or shrubbery on a neighbor's property?

The law varies from state to state, but generally it depends on the extent of damage done. It's best to avoid a confrontation--legal or otherwise. Tree roots are a more serious (and potentially costly) problem. You will save money in the long run by hiring a landscaper or "tree surgeon" to take whatever steps are necessary to prevent root damage to your neighbor's home or wall.