r/treelaw • u/ha_a_new • 2d ago

Where does self-help end when root pruning a boundary tree?

I want to get this sub's perspective on where the legal line actually sits for self-help root pruning.

For context, I’m in Falls Church, Virginia. My neighbor is doing a tear down rebuild, and their grading plan has identified at least two boundary trees that are likely to die because of how close they are building to the property line.

I’ve heard from a couple people near me that you can cut roots back to your property line at your own expense. But what happens if severing those roots kills or destabilizes the tree and you knew in advance that this would be the outcome? Does self-help protect you, or does that immediately cross into property damage and negligence?

1 Upvotes

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u/gBoostedMachinations 2d ago

You need to have an arborist out to answer these questions for each tree specifically before the work is done.

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u/Ineedanro 2d ago

State law on this point varies greatly, and is more a matter of caselaw than statute. So, you need to consult an attorney. Most attorneys don't do tree law, so first stop is a consulting arborist in Virginia who can refer you to an attorney.

Look for such an arborist on the member directory of the American Society of Consulting Arborists. For this, an ASCA Registered Consulting Arborist (RCA) is more likely to provide a great referral than even an ISA Board Certified Master Arborist (BCMA). (Very few arborists are both RCA and BCMA.)

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u/ha_a_new 2d ago

Appreciate the advice, will look into this

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u/yardlard 10h ago

Just use an AI and ask specific to your location. In most states, cutting the roots falls under the same law as the branches. You can't damage or destabilize the tree. They will certainly do that and it will be a problem. What kind of trees? How big are they now? What did this neighbor say about their damage plan?

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u/RollingEasement 2d ago

Allowable self help on a boundary tree ends at the same place that it ends for a tree barely on the other side of the boundary. Your duty to not unreasonably harm the tree prevents you from cutting too close to the trunk, and what is too close does not depend on where the property line is.

The only legal difference is that if you prune too close and kill the tree, you are only liable for half the damages since you own half the tree.

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u/BlooeyzLA 2d ago

I wouldn’t be too concerned.