Trees can be a source of contention between neighbors, sometimes leading to real estate disputes known as boundary disputes. This is true whether the properties in question are commercial or residential. If a tree is growing on one person’s property, the branches may overhang another person’s fence or their property itself. This can lead to conflicts regarding who is allowed to trim the tree.
In many states, the law says that people can usually trim a tree back to the property line. So a person’s neighbor could not cut the tree down entirely or do extensive trimming, but they could cut back branches that were overhanging their own property. However, Idaho law has not specifically addressed this. So, how is the determination made?
2 main considerations
There are two things to keep in mind. The first is that a person’s neighbor cannot intentionally cut or injure the tree. If someone damages the tree significantly and it dies, for example, they may be responsible for the cost of replacing the entire tree. They have damaged the other person’s property irreparably.
The second component is that entering another person’s land is known as illegal trespass under Idaho law. In practicality, someone may be able to trim the branches back to their property line, as long as they do not significantly damage the tree itself, and they do not enter the other person’s property to do so.
Your legal rights
Because Idaho law is not as clear on this matter as it is in other states, it is very important for those who are involved in a real estate dispute to understand all of the legal options at their disposal.
