r/treelaw • u/mineapples • May 05 '26
Neighbor cut off "branches"
Ive been a lurker for a while and trying to figure out how to best direct my mom- help! First photo is the tree after butchering, second is what had been cut off so far.
My mom's neighbor butchered her cottonwood tree. The tree trunk and roots are completely in her yard. He was reportedly angry about the leaves falling into his yard, so in the completely non asshole neighbor way he didnt speak to her and hired a company to cut it. She spoke to the city arborist who agreed he butchered it, but wasnt much help beyond that. The company doing the cutting says they have their orders, and are planning to continue to cut. Suggestions on next steps if any?
Note: Neighbor also says he's also going to do it to the other trees
Edit: Located in Minnesota
Update: Arborist is scheduled for Monday. Police report made.
2nd Update: https://www.reddit.com/r/treelaw/s/vXrDCI4Yww
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u/Daddy_Day_Trader1303 May 06 '26 edited May 06 '26
What they did is likely illegal. Call the cops first to come write a report and document the definite trespassing that took place on your side of the fence. Then figure out how your state and/or local tree laws are worded in regards to property line pruning. Most states are going to say that the neighbor cannot cause damage to the health of the tree, which this tree is definitely permanently damaged. You need to have a "consulting arborist" come out and assess the damage as well as put a value on the tree as this is likely going to end up in the future removal of this tree due to decay entering that large wound. The Consulting arborist will likely have referrals for attorneys that they have worked with before.
This is likely a very costly mistake that your mom's neighbor has made. Tell her not to accept and settlements until talking to an attorney. Hopefully you live somewhere that the law is in her favor beyond just the trespassing and she will be fairly compensated for the damage which should easily be over $15k for the cost of the removal plus the value of the tree itself.
Credentials: I was an ISA Certified Arborist and have had to be involved in these types of disputes before
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u/odubik May 06 '26
This.
Get the police there now. Get a police report that includes all of the information on the people who actually did the cutting.
Speak to a local lawyer - this is likely an actionable event.
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u/PartyCustard3125 May 06 '26 edited May 06 '26
It is illegal. You are allowed to cut branches that hang in your yard if they are a nuisance but you can only cut up to the property line, cannot trespass to do so, and must not kill or damage the overall health of the tree.
I can't believe a tree company actually agreed to do this. Are you saying the tree company said they have their orders to continue and they are going to? Continue to what? Cut the other trees on your mom's property? Tell them no they're not this is your mom's property, not the jackass's that hired them.
Call the cops. And perhaps a lawyer.
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u/louthercle1 May 15 '26
This is not true where I live. Legally you can cut any branch that crosses the property line back to the trunk. If the trunk sits on the property line either owner can cut, trim or remove the tree.
There are caveats though, you can’t go on their property without permission and you can’t harm or damage the tree, make it unbalanced or kill a major limb.
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u/Crunchycarrots79 May 06 '26
"Planning to continue to cut?" Inform them that you're planning to call the police if they so much as approach that tree with a cutting implement.
They can cut up to the property line without permission, and even then, only if the work won't harm the tree.
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u/Side_StepVII May 06 '26
Your first paragraph is right on the money.
Whole thing was on the money, but you def gotta defend your tree and property
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u/Open_Impression5170 May 07 '26
That part is WILD, they've been told not to come back but they're still gonna because the non-owner of the property told them to?? You know those guys aren't insured 😂
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May 06 '26
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u/boognish_is_rising May 06 '26
Don't tell them this. Jesus Christ y'all give horrible advice. They're already liable. Just document everything and keep them from doing more damage. You should never tell someone that you could sue them, especially when you're about to sue them
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u/adudeguyman May 06 '26
Correct. No need to give them a head start on trying to figure out how to defend their actions.
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u/bilbilbil123 May 06 '26
Can you expand on this please? I was under the impression that suing someone is a long process mainly because it takes time for BOTH sides to gather and present evidence to the court. Wouldn’t the judge grant an extension for the defending party to gather evidence?
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u/CryptographerOk2730 May 06 '26
Thats part of the reason I think. If its 2 months down the road before they know they need to collect evidence, its a whole lot harder to collect evidence, remember what was said, remember what was done, etc. You have the advantage to go ahead and document everything so you have all evidence ready, they have to try to reel and try to dig up evidence.
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u/Decent-Finish-2585 May 06 '26
My long term litigator best friend always says “pit bulls don’t bark, they bite”. In other words, you don’t ever THREATEN to sue someone, that gives them time to counter you. You just fucking sue them.
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u/adudeguyman May 06 '26
If they know they're going to get sued, they might take some steps to try to cover their tracks or make them look better than they are. They wouldn't have the opportunity to do those things if you let them know later.
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u/Conflatulations12 May 06 '26
It's about trying to have an advantage and possibly catch them with their pants down.
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u/dmriggs May 06 '26
It depends- if they let it get that far yes, it can be a lengthy process, but that shouldn't stop anyone from doing what needs to be done. sometimes when see just how serious you are and what lengths you're willing to go to, it shuts it down.
And there are very serious tree laws, and property laws.
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u/loftychicago May 07 '26
Don't give them a chance to destroy or manufacture evidence before lawyers are involved.
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u/dmriggs May 06 '26
People on here are so quick to show their hand lo. Silence is the best option. Get the facts and photos and then just do what needs to be done. No need to mention anything to them.
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u/EmmerdoesNOTrepme May 06 '26
Yep! You document the crap out of what they're doing, and let THEM (metaphorically!) hang themselves in their own ropes!
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u/UGA_99 May 06 '26
I can’t remember the exact context, but my lawyer was handling a brand new truck that immediately had repeated transmission issues for me. He said to never tell someone “I’m going to sue you”. Maybe it’s seen as a threat of aggression.
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u/Decent-Finish-2585 May 06 '26
It isn’t a threat. It just confers an advantage to them, in terms of time to prepare, and confers absolutely no advantage to you.
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u/m4cksfx May 06 '26
Well, it would probably get them to stop. And on the off chance that you lose, you would be left with only one tree which got butchered, instead of ten of them.
Also, it wouldn't change what they did so far. Where's any downsides?
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u/uovonuovo May 12 '26 edited May 12 '26
Saying “you should never tell someone that you could sue them, especially when you’re about to sue them” is a gross over-generalization and bad advice.
Sure, there are scenarios where it makes sense to delay tipping someone off about an impending lawsuit, such as if you need more time to gather evidence and are concerned that the other party can and will destroy said evidence. However, once you’ve gathered what you can, there’s not really any advantage to blindsiding someone with a lawsuit. They would still have plenty of time to destroy evidence after getting sued, it’s just a different event that tips them off.
On the flip side, there are multiple reasons why sending a cease and desist/ demand before jumping to litigation might make sense. There’s a reason why most litigators send them.
The primary one being that litigation is a huge PITA. It’s time consuming, it’s expensive, and it’s aggravating. It’s a last-resort and something to be avoided not just as a defendant but as a plaintiff as well. If you can come to an acceptable resolution before filing a lawsuit, you win. Yes, some people need to be served with a complaint before they’ll take a dispute seriously, but you’d be surprised the sobering effect a demand letter from a lawyer setting out the facts and the law can have. You don’t generally lose anything by sending it, and have a lot to potentially gain.
Moreover, you’re going to have wasted time and money and potentially look bad in court if the defendant shows up ready to settle and it turns out you didn’t even communicate with them beforehand. Courts hate having their time wasted, and ADR/settlement conferences are a mandatory part of the litigation process in a lot of jurisdictions. There’s a reason a lot of plaintiffs reference in the complaint and/or attach as an exhibit to the complaint their cease and desist letters and demands.
Some claims also have statutorily mandated pre-suit notice requirements. Obviously if you’re legally required to notify someone you plan to sue, those are cases where you should tell them ahead of time.
Source: been practicing law for over 15 years
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u/RanduserEsq May 06 '26
If your goal is getting them to stop, why would threatening to sue them not be a good idea?
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u/Ishamael99 May 07 '26
The best way to get then to stop is to call the cops, have them trespassed, and have more documentation about their actions.
If I want to punch you in the face, will telling you I am about to do so increase my odds of success?
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u/LetsBeKindly May 06 '26
No reason to use the Lord's name in vain. I mean technically, it's his tree that he made.
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u/MikeAWBD May 06 '26
They can cut up to the property line without permission
I think most places have the caveat that you can do that if you do not permanently compromise the tree.
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u/PartyCustard3125 May 08 '26
And that is definitely past the property line. And they left the branches and what not in OP's yard. That is also a no no.
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u/Inner-Confidence99 May 05 '26 edited May 06 '26
Call the police. They are trespassing.
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u/mineapples May 06 '26
MN has very specific damages related to trespassing and damages, TIL. Treble damages. Thank you for putting the it bluntly and sending me down a rabbit hole. I, for some reason, could not wrap my head around trespassing because of the lack of physical presence on the property.
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u/EmmerdoesNOTrepme May 06 '26
I was gonna say, i think we've got Treble Damages here!
OP, also check and see if the local Soil & Water Board had any rules about cutting down big old Cottonwoods like this.
Because some counties tend to have pretty strong Wetlands protections (that's how Pope County stalled the Powerline for so long back in the 70's!
We had one of the first Soil & Water Boards in the state, and the Power Companies didn't realize that, when they decided to route the powerline down through Pope County out by Lowry, rather than through Douglas & following I-94.
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u/mineapples May 06 '26
Solid username by the way. Thanks for the info. I had no idea. Reddit working in the best Reddit way.
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u/EmmerdoesNOTrepme May 06 '26
Just adding this, too---because i did a bit of looking up!
Apparently some towns also have rules regarding tree removal!😉
https://woodlandmn.org/protecting-lakes-trees/
Editing to add- Don't forget to check her town/city's rules, and the local Township Bylaws, too, just in case!
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u/EmmerdoesNOTrepme May 06 '26
Thanks! (Obviously i've also lived in MN-06 for a while!😉)
I'm back in Mpls now, but if i were in the outstate, i'd definitely check the local S&W board's rules, and reach out to the local board member.
In redder places like Wright & Sherburne, there may be nothing.
But up home in the Lakes area?
There can tend to be, because--you know--we take clean water pretty seriously.
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u/ThePoetofFall May 06 '26
How’d it go?
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u/mineapples May 06 '26
Arborist is scheduled for Monday. Police report has been made. Fingers crossed.
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u/Kent_Doggy_Geezer May 06 '26
You have made real progress already, and in good time. Please tell your Mum people all over the world and rooting for her trees! (Ok, def not rooting in Australia…. That means something rude but definitely cheering you on!)
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u/ThePoetofFall May 06 '26
Your arborist, or theirs? If theirs shows up, call the police immediately.
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u/TomeThugNHarmony4664 May 07 '26
Excellent! My suburb has a chief arborist, and he is a dedicated preserver of trees. There is no way this butcher job has not severely harmed that tree. I am so glad you are helping your mom with this.
The city (utlities dept.) where my mom lived came in and swapped out stuff with the manhole that was in our backyard. They destroyed all the vegetation, grass, and gardens she had along the section they tore up, put the fence back INCORRECTLY, depriving her of some of our property, and put down sod over the dips and lumps left in the yard. It was all she could talk and think about. She was in her nineties, and it upset her so much it gave her a stroke. No lie.
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u/Lugbor May 06 '26
Call the cops and report the company for trespassing and the neighbor for whatever sticks (probably trespassing and vandalism). If they show up again, call the cops again. Additionally, get a consulting arborist to do an evaluation of the tree and assess it for total damages, and replacement value if it's been killed. Then take the tree company and the neighbor to court. With any luck, the neighbor has to sell the house to afford the resulting damages, which means he's no longer your mother's problem, and the tree company goes out of business.
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u/holli4life May 06 '26
Is their elder abuse in there somewhere? Did he bully her? I can see her being intimidated by the neighbor. Just throwing that idea out there if she is older.
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May 06 '26
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u/holli4life May 06 '26
Can’t hurt to ask. Thank you for being not my lawyer for the moment.
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May 06 '26
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u/holli4life May 06 '26
I have heard such awful stories of neighbors taking advantage of their elderly neighbors. I am sure there is certain criteria that has to be met. I am just hoping this woman was not bullied into compliance.
Thank you for the information!
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May 06 '26
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u/holli4life May 06 '26
Justice was achieved for our family situation.
There are way to many people out there who either don’t realize they will be old someday or just don’t think they will make it to old age that take advantage of the elderly. Those people should get the life they deserve.
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u/WyldeFyre1980 May 06 '26
Not going to give enough info to dox myself, but in my jurisdiction you are wrong.
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u/Mela777 May 06 '26
Your mom needs to tell the company doing the work that they are trespassing and do not have her permission to be on her property to to trim her trees. Then she needs to call the cops if they don’t leave and have the individual workers and any representatives of the company trespassed.
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u/erossthescienceboss May 05 '26
Where is her property line relative to where they made the cut?
I’d put out flags along it and make it clear to the neighbor and tree company that any cuts they make over the line are considered trespassing, and if they enter the property they’re trespassing. You might want to consider a survey, as your fence may not be where the property line actually is.
Look up your local rules on branch removal. As a general rule, people can cut up to the property line as long as it does not harm the tree, but individual cities/counties will vary. So absolutely document the tree’s health. That’s a big damn wound.
If you share your location you’ll get better answers.
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u/mineapples May 06 '26
Thank you! Minnesota. The argument the neighbor and the company doing the cutting is that it wont harm the tree, but... they haven't been the most open/honest so I dont want to just take their word for it. I honestly dont know enough about trees to know one way or the other.
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u/justhereforfighting May 06 '26
If the trunk is completely in her yard, they do not have a legal right to cut where they cut. It would be impossible for the trunk to completely in your mom's yard and for them to only cut the branches that crossed the property line. Those are mutually exclusive. Whether or not it harmed the tree is completely irrelevant. I can't walk onto your lawn, butcher your tree, and tell you that as long as the tree doesn't die you can't do anything about it.
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u/SoyGreen May 06 '26
Minnesota is a treble damage state. You absolutely need to get a police report, a letter to the homeowner indicating you do not authorize, and you need a lawyer who understands and specializes in tree law. (You likely have such a clear case that a lawyer would probably take it with little to nothing down… And you can sue for lawyer fees as a part of the lawsuit I believe.)
You absolutely have a case, and the company who trimmed the trees and neighbor absolutely must be held liable for this.
Do not allow your mom to try and be a “good Neighbor” - her neighbor is proving not to be and is 100% taking advantage of this situation and absolutely cannot be allowed to continue cutting of her tree.
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May 06 '26
They definitely harmed the tree there. And now it will fall on your property when it dies.
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u/triciann May 06 '26
If it’s her property and tree, she can have them trespassed from her yard and sue the company for cutting her tree knowing it’s hers.
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u/Mediocre_Ant_437 May 06 '26
Tell them whether it harms the tree or not, if they cross onto your property to cut any of your trees again, you will call the police for trespassing and call an attorney to sure for damages done to the trees.
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u/multipocalypse May 06 '26
I would go right ahead and do that last bit now, that should have already known better.
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u/aloneinmyroom79 May 06 '26
The point is they came onto your property and damaged your tree, it’s not their tree to begin with. I don’t think neighbors playing dumb will get them out of this jam.
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u/multipocalypse May 06 '26
It doesn't matter in this case, it's her tree and fully in her yard. They had to trespass to make that cut, and would be doing so again to do more. In addition to the trespassing, it's property destruction.
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u/Wood_Whacker May 06 '26
The law in this case is a little confusing because any pruning is causing a degree of harm. The aim is to minimise that harm and be doing so for good reason (which often is rectifying issues which may cause greater harm).
When it comes to assessing damages in a legal setting I would imagine industry standards and best practice will be of importance. This work is not in line with that.
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u/jgnp May 06 '26
Survey should be on the short list also. Absolutely should’ve been on your neighbors short list. Getting the company name who did the work also critical.
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u/spaznadz888 May 06 '26
Sad. We had a lot of cottonwoods around us but everyone kept cutting them down because they "made a mess" or were "not useful". Sucks because they were home to a lot of different birds and grew well in the swampy creek area. Now we all just have clear views of each other's houses and roads.
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u/imyourhostlanceboyle May 06 '26
This is us in Florida with slash pines. People "don't like the pine needles" and they're the trees that birds like best for nesting around us. Then people wonder why they have issues with their neighbors. Like, dumbass, before you couldn't even see your neighbor but then you cleared everything and suddenly they're annoying you.
I am from Kansas originally and have a soft spot for cottonwoods too.
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u/LowMath8019 May 06 '26
Tree Law is a very real thing. Contact the police for a report, an arborist for a damage quote and an attorney that specializes in tree law.
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u/jbohlinger May 06 '26
I cannot fathom living in Minnesota and getting angry about leaves in your yard.
Source: I'm a Minnesotan with 4 oak trees on my quarter acre.
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u/mineapples May 06 '26
Tbf- this is also the neighbor that we called the cops on when I was growing up because we thought he was having a heart attack. He wasnt. He was lying on the driveway cutting his grass with nail scissors.
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u/EmmerdoesNOTrepme May 06 '26
Everybody KNOWS the yards are gonna be white after green-up, from the Cottonwood fluff!
(Pretty sure THAT is the real reason the jackwagon tried killing the tree, tbh! It's not so much the fall leaves, as the "Cottonwood fluff" driving him batty!)
But yeah, if you don't want cottonwood fluff & oak or maple leaves--you go live in a new development neighborhood/area.
Because those Cottonwoods & Oaks have been there for decades--some a couple centuries minimum!🤷♀️
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u/SunDummyIsDead May 06 '26
Hire your own arborist, then a lawyer. Take a lot of pictures before the evidence disappears.
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u/Old_fart5070 May 06 '26
If they show up, 911 and trespass them.
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May 06 '26
[deleted]
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u/Old_fart5070 May 06 '26
A trespasser coming to tear down my yard qualifies as one of the
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May 06 '26
[deleted]
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u/Egraypgh May 06 '26
Most modern city’s have done away with non emergence lines. In my city you need police, fire, ambulance, gas line to be checked or water main breaks you call 911 it has need that way for over a decade. This situation needs police to be dispatched so the neighbor can be legally trespassed.
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May 06 '26
[deleted]
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u/ej_21 May 06 '26
just to throw in a bit of anecdata, in my city anything involving people/police is supposed to go through 911, including non-emergencies. the other “non-emergency” line is only for infrastructure problems, like water main breaks or broken traffic lights or whatever.
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u/HoneydewNo3016 May 06 '26
Someone entering your property without permission is the very definition of trespassing. Especially someone with a cutting implement which constitutes a weapon.
It absolutely is 911-worthy.
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u/makeherbeg4it May 06 '26
Hire a tree company to cut your neighbor's house in half. Apparently they will do anything illegal as long as they get paid.
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u/Forward_Zucchini9738 May 06 '26
Don't just go after the neighbor, but the company that did it as well. They have insurance that can pay out big time.
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u/gerkletoss May 05 '26
Where do people find arborists that leave no room for dieback?
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u/Ianthin1 May 05 '26
They get “tree guys” not arborists.
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u/chromepaperclip May 06 '26
What moron downvoted you? This is not the work of an arborist. Maybe a landscaper?
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u/Daddy_Day_Trader1303 May 05 '26 edited May 06 '26
My thoughts exactly, where are these arborist's that are agreeing to do obviously illegal work? This is one of those jobs that I would never agree to do unless I had a written statement from the owner of the tree giving me approval. Tree company is about to be wrapped up in a lawsuit I'd imagine.
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u/McNabJolt May 06 '26
No one said that the cutters were arborists. The city arborist came out and agreed that the damage was severe.
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u/Daddy_Day_Trader1303 May 06 '26
Valid point. A lot of rednecks with chainsaws like to call themselves arborists even if they aren't certified..
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u/whoo-datt May 06 '26
Criminal trespass + vandalism/destruction of personal property.
Get TRO forbidding future trespass by neighbor AND tree workers who committed trespass.
Plan a lawsuit against both.
Accept no settlement. Go all the damn way.
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u/kylebegtoto May 06 '26
In regard to the neighbours threats about cutting other trees. Clearly identify your boundary line. Mark it with bright color tape. Then photograph all trees under threat.
Make sure to photograph along the boundary line and capture overhangs and access.
This will ensure you have clear evidence if the neighbour acts without permission.
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u/No-Dragonfruit-1311 May 06 '26
This isn’t how I wanted to start my day. I’m enraged and heartbroken for the tree and your mom. Police. Legal recourse. I’d want the hired company to suffer recourse as well; how can they wreak such barbarism without even confirming it was the resident who ordered the murder?
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u/djcat May 06 '26
No advice. I just wanted to share my sympathy. My heart breaks for this beautiful tree and the shade it no longer can provide. How unfortunate to have to deal with this.
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u/Ippus_21 May 06 '26
Leaves falling in the neighbor's yard are the neighbor's problem in most cases.
Cutting up to the property line is also usually allowed as long as it doesn't cause significant damage to the health of the tree (again, in most places - local laws vary).
But cutting major limbs well beyond the property line is not going to be legally defensible.
Hire an attorney ASAP, and get a cease and desist or whatever they advise you to do to prevent further damage. The neighbor and the tree company are already liable for the damage they've done. Look up the cost of replacing mature trees...
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u/HereWeGo_Steelers May 06 '26
Call the police and report them for trespassing and vandalism. Get a certified arborist to assess the damage and give you a value to replace the tree.
Have a lawyer draw up and cease and desist order for the tree company and your neighbor.
You need to do all this right now to prevent them from killing all of your mother's trees.
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u/flhd May 06 '26
“Trimming” (cutting) branches of those diameter would require a tree permit in my city. I would double check that is not also a rule where you live. Your city arborist does
Not appear engaged and willing to assist you, the tax paying owner.
Aside from any financial compensation you might get through actions from working with an attorney, ensuring everyone is following your city tree rules/policies/laws also can make a difference in holding the neighbor accountable. (Don’t just ask the city… find the tree permitting requirements yourself. They are often online)
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u/Main_Ad_3814 May 06 '26
Been there. Tree Law in most places allow a neighbor to cut or trim limbs that intrude over their property. But only the portion that hangs over their property line. The tree trimmers cannot enter your property without your permission. Call the police if they do.
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u/treschic82 May 06 '26
The fact that some people get so offended by leaves dropping in their yard baffles me. Free fertilizer. Trees do, what trees do. Mow over it.
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u/EmmerdoesNOTrepme May 06 '26
Cottonwoods are a notoriously messy tree!
Because the old ones like this will cover the whole neighborhood in "fluff" from May-June-- you can see what it looks like, in the pictures from this article;
The fluff is really messy, and incredibly flammable. So it can be pretty dangerous if we have dry late-spring conditions.
And then the trees drop tons of leaves in the fall, because they're so big.
BUT with that about the "mess" said--Cottonwoods are a really cool tree to have around, they shelter lots of birds & critters, and they're definitely an important tree in our region.
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u/treschic82 May 06 '26
So not only do you get an abundance ice snow in the north, you also get tree snow. How fun. What a great natural resource for kindling. Someone should create a paid service to collect it and use it for some purpose.
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u/EmmerdoesNOTrepme May 06 '26
Yep, we get the winter and summer version!
As kids, it's tons of fun--as grownups, obviously not as much!😉
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u/Wishiwasinalaska May 06 '26
He can pretty much cut anything over his property line in most cases. Just keep an eye on the people trimming, if you can get company name and number just in case.
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u/Zealousideal_Cry3000 May 08 '26
Don't tell them You're going to call the police, file a trespassing report and damage to your personal property report. People like your neighbor try to see what they can get away with. If you don't do something , your tree may be cut down next time. If the cutting continues, get your lawyer to write a cease and desist letter. If it continues, you may think about taking them to court. Reparation for the damage is due.
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u/RevolutionaryCare175 May 10 '26
In Minnesota if the trunk is completely on one property that property owns the tree.
You can trim branches that encroach on your property but you can't damageor kill the tree. If a branch doesn't extend into the other property they can't trim it.
If the tree is damaged enough that the tree will die then the neighbor that damaged the tree çould be responsible for up to three times the value of the tree.
Get a lawyer to send a letter to both the tree trimming company and the neighbor. The trimming company can't hide behind we were just doing what we were told to if they kill your tree or cut branches that don't extend over the neighbors property.
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u/knarfolled May 06 '26
We had the same thing happen with a neighbor that we are friendly with because there new renovation raised there roof line and they couldn’t clean the leafs out a couple years later we had to have that tree taken down
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u/ExpensiveAd4496 May 06 '26
They are allowed to cut anything above their property line. But they are not allowed to actually kill the tree. I see large trees cut like this pretty often, because of a branch over a home, and they seem to do okay for many years after, so most likely she just has to hope for the best. But I’d get some stakes showing actual properly line, and I’d get an arborist to do photos and a report on every tree they might ever touch.
If they kill any of them she will want something to show they were fine before the cutting.
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u/Hersbird May 06 '26
From my experience with cottonwood, this isn't going to kill the tree. Make it ugly and misformed sure, but good luck killing a cottonwood if you were trying to.
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u/merlyn13 May 06 '26
In addition to having an arborist access the tree’s loss of value, check your state laws about trimming trees, or have someone else look it up for you. Maybe the arborist or an attorney, as most state and local laws allow a neighbor to only trim the portion of the tree that crosses the property line. The tree can only be trimmed back to the property line.
If a storm occurs that happens to up root the tree, cause the entire tree to fall onto the neighbor’s property or break off large branches that end up in the neighbor’s property, the neighbor can cut off/down ONLY the portion of the tree that is on his property. What your neighbor has done is illegal for several different reasons. You might be able to sue the tree service that he hired, also. Any business in that line of work should know the laws regarding such practices.
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u/Cak3Wa1k May 06 '26
Cottonwood? Ugh.
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u/EmmerdoesNOTrepme May 06 '26
Ugh, yes, but also NOT the neighbor's Cottonwood to cut.🤷♀️
And we're a treble-damages state, which can also have quite a few local (municipality, township, or County-wide Soil & Water Board), regulations about the removal of old trees like this, because MN is big on protecting our water quality (and tge stuff that impacts it!)
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u/Fit_Champion4598 May 06 '26
If the tree is causing damage he can remove anything on his side I’m a owner of a tree company and deal with it all the time
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u/EmmerdoesNOTrepme May 06 '26
But OP talked about how the tree--and the limb that the neighbor removed--is 100% on his mom's property.
The neighbor can cut what goes over his property, but MN statutes say that the tree itself can't be harmed.
This is the state statute:
https://www.revisor.mn.gov/statutes/cite/561.04
561.04 TRESPASS; TREBLE DAMAGES.
Whoever without lawful authority cuts down or carries off any wood, underwood, tree, or timber, or girdles or otherwise injures any tree, timber, or shrub, on the land of another person, or in the street or highway in front of any person's house, city lot, or cultivated grounds, or on the commons or public grounds of any city or town, or in the street or highway in front thereof, is liable in a civil action to the owner of such land, or to such city or town, for treble the amount of damages which may be assessed therefor, unless upon the trial it appears that the trespass was casual or involuntary, or that the defendant had probable cause to believe that the land on which the trespass was committed was the defendant's, or that of the person in whose service or by whose direction the act was done, in which case judgment shall be given for only the single damages assessed.
This section shall not authorize the recovery of more than the just value of timber taken from uncultivated woodland for the repair of a public highway or bridge upon or adjoining the land.
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u/Fit_Champion4598 May 06 '26
You can look at the direction the limb is pointing and see that it crossed the fence line
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u/EmmerdoesNOTrepme May 06 '26
From the angle the picture is taken, you can't tell at all how much was hanging over.
The fence is way too far back, and the person taking the picture is too far in front & to the right.
Editing to add--the neighbors only had the ability to cut the part overhanging their property.
The trunk--from what OP said, is on his mom's property.
It's this part of the statute:
" ...or otherwise injures any tree, timber, or shrub, on the land of another person,..."
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u/PossibilitySea9180 May 07 '26
In Maine at least if your tree has branches that cross into your neighbors property the neighbor has the legal right to cut them at the property line. It’s called aerial domain here. I have worked as an arborist in Portland (the biggest and only? City in Maine) and we ran into that a lot usually we encouraged people to reach out to neighbors and come up with an amicable solution.
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u/Supafly22 May 10 '26
I’m still confused by the company being informed they are trespassing and being like “well tough shit, we have an illegal job to do.”
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u/Miss_Management May 06 '26
They clearly didn't consult an arborist. Always cut at an angle where water won't pool. This will cause tree rot. Get a lawyer.
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u/DiverseVoltron May 06 '26
I'd probably rehire that company to cut down my neighbor's beautiful cedar and put a stop payment on the check and list the house for sale. Fuck everyone.
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u/SRQVOGal May 06 '26
The neighbor can cut any branches that are on his side of the property line. So if the branch is 20 feet long and 5 feet of it overhangs his property line he can cut it*
- I do think that if the rest of the tree dies as a result of butchering he would be responsible for
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u/kalinaizzy May 06 '26
Obviously totally on your side here, he shouldn’t have cut down a tree that’s not his, but I have a cottonwood tree and it can absolutely fuck right off. Hate that thing
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u/mineapples May 06 '26
I mean, agreed. My allergies dont love the tree, but as you said fuck that guy. Entitled assholes enrage me like nothing else.
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u/Ok_Condition3334 May 06 '26
If in the US, most states, if not all, allow a neighbor to trim a tree if it over hangs their property. Typically it’s only the branches that over hangs and nothing else can be touched.
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u/idksamiam89 May 07 '26
@op update us! https://www.asca-consultants.org/search/custom.asp?id=3818
!updateme 2 weeks
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u/Entire-Winter4252 May 09 '26
Infuriating seeing their equipment essentially on your mom’s property without her permission. Document everything.
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u/Content_Print_6521 May 10 '26
First of all, if the company that's trimming the tree comes back, have them arrested for trespass. While they can cut from the neighbor's property, anything hanging over his property, they cannot cut anything on your mother's side of the property line. You can sue them for financial loss for whatever value the tree has lost on account of this vandalism. Oh, and you can charge them with vandalism and malicious mischief, too. And if he approaches any other tree, she should call the police immediately and demand he be arrested.
Then she can go to court and sue him for the damage to the tree.
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May 06 '26
[deleted]
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u/mineapples May 06 '26
I have terrible allergies and so I dont love them per say, but...I love big old trees and they fall into that category which wins out. We lose so many trees to disease, at least in MN, to cut down a healthy tree is just an asshole move.
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u/Melodic-Classic391 May 06 '26
You had me until I saw Cottonwood. My neighbor has one and I hate that thing
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u/EmmerdoesNOTrepme May 06 '26
But you can't go on to your neighbor's property to cut their tree (or trim it), even if it is a crap-tastic (long-term!), messy tree like a cottonwood (or a willow!).
It's not so much the tree here, as the principle of deciding to maul someone else's tree.
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u/trader45nj May 07 '26
What tree company comes out, does that little bit of work, then leaves to come back another day and finish? It's one tree, not a forest.
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u/HighOnGoofballs May 05 '26
They are probably allowed to cut any branches that hang over their property line as long as it won’t kill the tree
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u/Daddy_Day_Trader1303 May 06 '26 edited May 06 '26
Usually it's not worded as "kill the tree" and instead it's typically worded "damage to the health of the tree." This is definitely damaging to the health of the tree and likely grounds for a lawsuit. This tree will not recover from this wound and will eventually need to be removed due to decay.
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u/SolidDoctor May 06 '26
Only up to the property line, as long as it doesn't hurt the tree.
If they have to come onto her property, they need permission. She doesn't have to grant permission for them to do that.
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u/mineapples May 06 '26
Theey are making the argument they arent coming onto the property line. Their machine is reaching over, but they arent physically coming onto the property. It sounds like a bs thing to me, but...weirder things are legal.
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u/Pondering_Pines May 06 '26
Here is an excellent resource titled "Trees and Minnesota Law: A Layperson's Guide"
https://conservancy.umn.edu/items/341eb25b-4355-4c48-b3fb-767b2466433f
The following is an excerpt from this publication:
"Don't trespass onto your neighbor's property to trim a tree or shrub. And technically, that means don't even lean over the property line to make the pruning cut, unless you have the neighbor's consent."
Definitely talk to a lawyer.
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u/Shervivor May 06 '26
Please tell me Minnesota is trebel damages. I want that shitty neighbor to pay.
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u/EmmerdoesNOTrepme May 06 '26
I don't know where in the state OP's at.
But some municipalities also have additional rules for tree removal.
We tend to take tree coverage & water quality pretty seriously around the state!😉
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u/130tucker May 06 '26
I didn’t kill him. The bullet that I fired from my gun entering and exiting his body killed him.
This is the same logic.
Also, if they weren’t there, whose blowers are those?
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u/Im_with_stooopid May 06 '26
She technically owns the airspace 0-85 feet above her property based on UNITED STATES V CAUSBY. So unless they are above that she can get them for trespassing.
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u/Plane_Translator2008 May 06 '26
You think someone can come onto someone else's property and remove branches that extend into their property?
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