By: Chandler W. Travis, Esq. 

While large, mature trees in our communities provide beauty and shade, such trees can also be the source of contentious disputes between neighboring owners. Specifically, such trees and their branches or roots may cause conflict between neighboring owners over the maintenance of the tree. A tree planted in one owner’s yard may have branches or a root encroaching into the yard of the adjacent owner. One may ask: What tree maintenance can the owner whose yard is being encroached upon by this branch or root legally do in such a situation? 

In Arizona, there is no statute that addresses such an encroachment by a tree onto another’s property. However, Arizona does have case law that does address encroachment by a tree onto another’s property. In the case of Cannon v. Dunn, the Court of Appeals followed the generally-accepted rule that a land owner who sustains injury by the branches or roots of a tree intruding from an adjoining property onto his, regardless of their non-poisonous character, may, without notice to tree owner, cut the offending branches or roots at his property line. 

Thus, if a neighbor’s tree is encroaching upon your property, you can trim the branches or cut the roots at the property line. You cannot have the tree cut down or trim the branches or cut the roots beyond your property line. 

If the branches or roots of your neighbor’s tree is encroaching upon property, you should take the following steps BEFORE cutting any branches or roots of the tree. 

  1. Speak with tree owner and explain why you seek to have the tree’s limbs or branches cut (such as the roots are damaging your patio). 
  2. Submit a written request to the tree owner setting forth that you intend to perform certain work on the tree, if the tree owner does not do so by a set date. 
  3. Consult with an arborist or landscaper on trimming tree from your property and obtain such opinion in writing. 
  4. Photograph the tree before and after any trimming of branches or cutting of roots is performed. 
  5. Hire an arborist or landscaper to perform the work. 

Please note that, if an owner over trims the branches or cuts the roots of a neighbor’s tree and the tree dies or falls over due to lack of sufficient roots, the tree owner may have a suit against the “trimming-tree” neighbor for the loss of the tree. In such a lawsuit, the damage would be the cost to replace the large, mature tree. 

The information provided herein is for reference purposes only, is general in nature, and is not intended as legal advice. For specific questions or legal issues regarding your association, please contact us at 480-219-3633.