Michigan Tree Law: Neighbors, Overhanging Branches, and Who Pays
Updated August 2026 · Reviewed by Robert Burgund, ISA Certified Arborist MI-4857A
- Established 2013
- 13+ Years Climbing Experience
- ISA Certified Arborist MI-4857A
- Fully Licensed & Insured
Get that last part wrong and the liability is real.
Tree disputes turn on their specific facts, and outcomes vary. For anything contested or expensive, talk to a Michigan property attorney. What follows is the general framework as it is commonly applied, which is enough to know which question you are actually facing.
Who owns the tree?
Ownership follows the trunk. If the trunk stands entirely on your neighbor’s land it is their tree, even if half the canopy shades your yard and every leaf ends up in your gutters.
If the trunk straddles the boundary line, the tree is generally treated as jointly owned, and neither of you can remove it without the other’s agreement.
Can I cut the branches hanging over my property?
Generally yes, because Michigan recognizes the right to handle it yourself. The limits are firm.
- Only up to the property line. You can cut what is over your side. You cannot reach past the boundary, and you cannot step onto their land to do the work without permission.
- You cannot harm the tree. If your trimming kills it or seriously damages it, you can face civil liability and potentially criminal exposure. Michigan takes destruction of someone else’s tree seriously, and the damages can dwarf what the work would have cost done right.
- You pay for it. Your neighbor has no obligation to fund trimming that benefits you.
“I cut everything on my side” sounds airtight, and it is how most of these fights begin. Strip one whole side off a mature tree and you can destabilize it or kill it, at which point the fact that every cut was technically over your land stops protecting you. Have the work done properly by someone who knows how much a tree can lose, and have the conversation with your neighbor before the saw shows up.
A tree fell and caused damage. Who pays?
This is the question we hear most after every storm, and the answer surprises almost everyone.
| The situation | Who is generally on the hook |
|---|---|
| A healthy tree fails in a storm and damages the neighbor’s property | Treated as an act of nature. The damaged party claims on their own insurance, and the tree’s owner is not automatically liable |
| A visibly hazardous tree fails, and the owner knew | The tree’s owner may be liable. Knowledge of the hazard is the pivot point |
| The neighbor warned the owner in writing and nothing was done | Strengthens the case against the tree’s owner considerably |
| The tree falls and damages nothing | Whoever owns the trunk handles the cleanup |
Why documentation decides these cases
Everything above pivots on one question. Did the owner know? That cuts in both directions, and both are worth acting on today.
If a neighbor’s tree worries you, say so in writing. An email is enough, and keep a copy with a dated photo.
That single step converts “nobody could have known” into documented notice.
If a neighbor has raised concerns about your tree, get a professional assessment. If the tree is sound, you now hold written evidence that a certified arborist said so. If it is not, you found out before it became a claim instead of after.
Boundary trees
Where the trunk sits on the line itself, both owners have an interest and neither can act alone. Work costs are usually split by agreement.
If you are thinking about removing a boundary tree, get the conversation and ideally the agreement in writing first. Removing a jointly owned tree without consent is one of the most expensive mistakes in this whole area of law.
Neighbor questions we hear most
Can I make my neighbor trim their tree?
Usually not, unless the tree is demonstrably hazardous or violates a local ordinance. What you can do is trim the portion over your side, at your own cost, within the limits above.
Their leaves fill my gutters every fall. Any recourse?
Realistically, no. Michigan treats leaf litter, fruit and needles as a normal part of living near trees.
Do I need my neighbor’s permission to trim overhanging branches?
Not for the portion over your property. You do need permission to set foot on their land, and you must not harm the tree in the process.
What if the tree is protected by a city ordinance?
The ordinance wins. Several Oakland County communities regulate removal, and sometimes heavy pruning, of protected trees.
A neighbor cut down my tree. What can I recover?
Michigan law allows a tree’s owner to recover up to three times the tree’s value from whoever cut it (MCL 600.2919), and on a mature specimen that is not a small number. Willful destruction can also carry criminal exposure under MCL 750.382. Photograph everything, keep every message, and talk to an attorney.
See our permit guide by community →
Need a tree assessed, or documented?
A written arborist assessment settles neighbor conversations, satisfies insurers, and puts the facts on paper before anyone needs a lawyer.
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Written and reviewed by Robert Burgund
ISA CERTIFIED ARBORIST · MI-4857A
Owner of Tree Pros, LLC in Bloomfield Township. Verify the certification by name in ISA’s public directory.