Neighbor's Tree Branches Over My Yard? NH Law?

Understanding Your Rights as a Property Owner

✅ New Hampshire law allows you to trim overhanging branches from a neighbor's tree if they extend onto your property. However, you cannot enter the neighbor’s property without permission to do so.

✅ You must not damage the health of the tree when trimming branches, or you could be held liable for any harm caused.

New Hampshire Laws on Overhanging Tree Branches

📜 New Hampshire follows the "Massachusetts Rule." This means property owners have the right to trim any branches that extend onto their land but cannot force the tree owner to cut them.

📜 Liability for tree damage: If a healthy tree drops a branch due to an act of nature (such as a storm), the tree owner is generally not responsible for damage. However, if the tree was already dead or hazardous and they ignored warnings, they might be liable.

Steps to Resolve Overhanging Tree Disputes

💬 Talk to Your Neighbor First: Open communication often resolves disputes quickly. Explain your concerns politely and discuss possible solutions together.

✉️ Send a Formal Request: If verbal discussions fail, send a written request asking your neighbor to trim the tree. Keep a copy for your records.

👨‍💼 Seek Mediation: If the issue escalates, consider using a mediator to facilitate a resolution before resorting to legal action.

⚖️ Legal Action as a Last Resort: If trimming is necessary and negotiations fail, consult an attorney. A court may grant permission to trim branches at your expense.

Who Pays for Trimming Overhanging Branches?

💰 You are responsible for the cost of trimming any branches that hang over your property. Your neighbor is not obligated to cover the cost unless they agree to do so.

⚠️ Exception: If a court rules that your neighbor’s tree poses a danger and needs removal or trimming, they may be required to cover expenses.

What to Do If an Overhanging Tree Causes Damage

🚗 Damage to Your Property: If a healthy tree falls due to an unforeseeable event like a storm, it is usually considered an "act of God," and your insurance may cover damages. However, if the tree was already rotting or leaning dangerously, the owner may be liable.

🏠 Homeowners Insurance: Check your insurance policy to see if tree-related damages are covered. In many cases, you may need to file a claim through your insurance provider before taking legal action against your neighbor.

📸 Document the Damage: Take photos and gather evidence showing that the tree was neglected or in poor condition before falling.

Strategies for Avoiding Future Tree Disputes

🛠️ Regular Tree Maintenance: Property owners should routinely inspect their trees and remove weak branches to avoid conflicts.

📜 Get Written Agreements: If you and your neighbor agree on tree maintenance or trimming responsibility, document it in writing.

🤝 Establish Good Relations with Neighbors: Having an open and friendly relationship makes it easier to handle disputes respectfully.

What Compensation Can You Seek?

💵 Property Damage Compensation: If your neighbor’s neglected tree causes damage to your home, car, or other property, you may be entitled to financial compensation for repairs.

📉 Diminished Property Value: If an unsafe tree negatively impacts the value of your property, you could seek compensation in small claims court.

🩺 Personal Injury Claims: If falling branches cause injuries due to negligence, medical expenses and other related costs may be recoverable through legal action.

When Should You Contact an Attorney?

⚖️ If Damage Has Already Occurred: If your property is damaged and the neighbor refuses to acknowledge responsibility, an attorney can guide you on legal recourse.

📑 Before Filing a Lawsuit: Consulting with an attorney ensures you understand your rights and options before escalating the dispute.

🔍 To Understand Complex Liability Issues: Legal professionals can help determine whether negligence applies and whether compensation is possible.