Who’s Responsible for That Tree? An Insurance Agents Perspective…

We get asked quite often …”My neighbor’s tree is leaning on my house – who is responsible for keeping that tree from falling on my home?”  -OR-  “My neighbor’s tree fell into my yard during the recent storm …. Isn’t it their responsibility to get it out of my yard?”

All great questions and it is certainly an issue for homeowners …. Here’s what we know:

Tennessee property owners are responsible for maintaining their own trees and preventing them from becoming a nuisance on neighboring properties.

  • Trees whose trunks straddle property lines are considered shared, requiring consent from both owners for removal.
  • In Tennessee, property owners can trim overhanging branches from a neighbor’s tree under certain circumstances.

Overhanging branches from a neighbor’s tree can be an annoyance, or at times a total inconvenience. In some cases, it can be difficult to come to an agreement about who has the right to tidy up wayward branches.

In Tennessee, property owners are responsible for maintaining trees, shrubs, and fences on their property. They must also ensure these do not interfere with neighboring properties or become a nuisance, according to TreeLaws.org.

If a neighbor’s tree extends into your yard, you can ask them to trim the branches or remove the tree. If they decline, you are legally allowed to trim the overhanging branches yourself as long as you stay within your property line and do not damage the tree’s health.

Here’s what else to know in the Nashville area:

How to tell if a tree is yours

According to the University of Tennessee Knoxville Institute of Agriculture, a tree is considered yours if you or a previous landowner planted it and its main trunk lies entirely within your property boundaries.

All existing, newly planted trees and naturally occurring trees are the responsibility of the landowner on whose property they grow. In some cases, however, tree ownership may be shared.

These are known as boundary or border line trees.

A boundary line tree has a trunk that crosses the property line, stated the university. Even trees entirely on one property may be considered boundary trees if neighboring owners have treated them as shared through agreement or consistent behavior.

Border line trees have trunks entirely on one side of the property line, but their roots or branches extend into neighboring land.

Both property owners have a legal interest in boundary and border line trees.

Can you trim a neighbor’s overhanging trees in Nashville?

Under Tennessee law, a neighbor may trim roots or branches that cross into their property — at their own expense — if those intrusions cause or threaten harm, according to the university.

However, neither owner may remove the tree without the other’s consent, nor may they trim parts of the tree if doing so would damage the shared property.

While state law provides general guidelines on tree ownership and responsibility, local governments may enforce additional rules.

According to Metro Senior Director of Communications Julie Smith, the city of Nashville doesn’t get involved in disputes concerning overhanging tree branches, as they are considered “private civil matters between landowners.”

Here at the insurance agency,  the reason we get these tree questions 98% of the time is our clients want to know if THEIR insurance should pay for the tree removal claim or the neighbors.  It all has to do with the health of the tree (alive or dead) and property line issues.  We are glad to answer questions you may have regarding that nuisance of a tree on your property or on the neighbor’s property.  Feel free to TEXT or CALL US at 615.377.1212 or email us at info@BentonWhite.com.  We are here to help and hopefully can give you some guidance on how handle that tree …

We’re here to “earn” your business.  If we don’t have your insurance yet, come on over and we’ll do our best to SHOP and FIND THE RIGHT COVERAGES for you at the RIGHT price.   

[Portions of this blog article is taken from an article in THE TENNESSEAN written by Diana Leyva – released on 10/23/2025…)

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