Can you trim your neighbor's tree branches that hang over your yard in Pennsylvania?

Updated November 10, 2026 · KeystoneProGuide editorial team

Can you cut branches that hang over from your neighbor's tree?

Yes, back to the property line. In Jones v. Wagner, decided in 1993, Pennsylvania's Superior Court held that "a branch overhanging a landowner's property line is a technical trespass" which the landowner may deal with by self-help, meaning by trimming it. The court said the landowner does not have to show that the branches caused any physical harm before cutting them.

This guide reports what the court said. It is not legal advice, and a dispute with real money at stake is a matter for a lawyer.

What happened in that case?

The facts are familiar. Two neighbors' properties were separated by a fence, and one owned a row of tall hemlocks. While the owners were on vacation, the neighbors trimmed the branches back to the extent they hung over the boundary. The tree owners sued for the replacement value of the 26 trees, about $31,000. The trial court dismissed the claim, and the Superior Court agreed, holding that the neighbors were entitled to trim the encroaching branches "without regard to the degree of physical harm done to their property."

How far can you cut?

To the line and no further. The court quoted, with approval, the rule followed in other states: a landowner "may always cut away to his property line branches and roots from trees of the adjoining owner." It also quoted an older case saying that the person whose land the branches overhang "may cut them off", but "may not cut down the tree, neither can he cut the branches thereof beyond the extent to which they overhang his soil."

Roots appear in that rule as well as branches.

What did the court not decide?

Several things a homeowner might want to know. The opinion does not say who pays for the trimming, whether you may go onto the neighbor's land to do it, or what happens if trimming kills or badly damages the tree. Those questions are left open here, because the sources read for this guide do not answer them.

The court did add one more point: the owner whose land is encroached on also has a cause of action in trespass against the neighbor whose trees overhang the boundary, so self-help is not the only remedy.

Is cutting back to the line good for the tree?

Not always. The International Society of Arboriculture says improper pruning can create lasting damage or shorten a tree's life, and that topping in particular can lead to decay and unacceptable risk; more on that is in why topping is a poor answer. Penn State Extension recommends cutting branches back to a side branch, or removing them at their point of origin, rather than leaving stubs.

If the neighbor agrees, a single crew working on both sides of the line, hired by one of you or both, can prune to a standard instead of to a fence. Ask the company for its insurance certificates first. The Tree Care Industry Association says that if a tree company has no insurance or is not a legal company, the homeowner could be held responsible as a contractor.

What if the tree is by the street, or near a wire?

Then it may not be the neighbor's call or yours. Some towns control street trees closely: Lower Merion Township, for example, says residents are prohibited from pruning or removing any township tree. Check before cutting anything near the sidewalk; who is responsible for the street tree explains how towns divide the duty.

If the overhanging branches are near a power line, stop. PPL says trimming around the service line from the pole to a building is the property owner's responsibility, but that it will de-energize the line first if you call. Do not cut near any line until it is off.

What if the neighbor's tree falls on your house?

Your own insurer pays first. The Insurance Information Institute says a standard homeowners policy covers damage to your house when a tree falls on it, "no matter who owns the tree", and that where the tree stood on a neighbor's property, your insurer may try to recover the cost from the neighbor's insurer through subrogation. If that succeeds, you may get your deductible back.

Neglect can change the picture for the tree's owner. Triple-I says poor maintenance is not covered by homeowners insurance, and the Pennsylvania Insurance Department says policies may deny claims for damage caused by negligence, such as neglecting dead or overhanging limbs. If a neighbor's tree looks dead or dangerous, tell the neighbor, in writing if necessary, and keep a copy.

What is the sensible first step?

Talk to the neighbor before anyone picks up a saw. The law gives you a right to trim, but the court case itself began with trimming done while the owners were away. The fuller checks before hiring anyone are in how to choose a tree service.

Sources

1. Jones v. Wagner, 425 Pa. Super. 102 (1993), Superior Court of Pennsylvania (via Justia)
2. If a tree falls on your house, are you covered?, Insurance Information Institute
3. Natural Disaster Insurance Guide, Pennsylvania Insurance Department
4. Pruning Trees, International Society of Arboriculture (TreesAreGood.org)
5. Pruning Landscape Trees, Penn State Extension
6. Hiring a Tree Care Company, Tree Care Industry Association
7. Shade Tree Division, Township of Lower Merion
8. Line Clearing, PPL Electric Utilities