Kara Sears
Trees can be a source of conflict between neighbors, especially when branches or roots encroach on a neighbor's land or interfere with their view. While Arizona does not have specific laws addressing residential trees and fences, there are legal options available to resolve disputes. According to Arizona common law, a landowner can trim branches that encroach on their property up to the property line without notifying the tree owner. However, they cannot cut the tree down or trim beyond the extent of encroachment. If the tree causes serious harm or is considered a nuisance, legal action can be taken, and the court may order its removal. Additionally, local ordinances, zoning laws, and homeowners' association rules may provide further recourse for view obstructions.
| Characteristics | Values |
|---|---|
| Blocking view | Blocking a landowner's view does not constitute a private nuisance unless there is a view ordinance, zoning law, subdivision rule, or existing easement |
| Obstruction | The zoning code of your city will specify any height limitations for structures, including trees |
| Trimming branches | You can trim the branches of a neighbour's tree that hang over your property line as long as you do not kill the tree |
| Tree removal | You can sue your neighbour to make them trim the branches of a tree that encroaches on your property. Total tree removal is rare |
| Tree ownership | The responsibility of maintaining trees falls on the landowner |
| Tree damage | If a neighbour's tree falls on your property, they can be held responsible for the damage |
| Tree laws | There are no statutes in Arizona that address tree encroachments, but there is “common law” that allows a landowner to cut off offending branches or roots at their property line |
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What You'll Learn
- Arizona law states that a neighbour can block your view unless there is a view ordinance, zoning law, or subdivision rule
- You can trim overhanging branches up to your property line, but not beyond it
- If the tree is harmed, you may be fined up to three times its value
- If the tree causes serious harm, you may be able to sue for damages
- If the tree is a danger to the community, it may need to be removed
Arizona law states that a neighbour can block your view unless there is a view ordinance, zoning law, or subdivision rule
Arizona law states that a neighbour can block your view unless there is a view ordinance, zoning law, subdivision rule, or existing easements. While there are no statutes in Arizona that address tree encroachments, there is "common law" in Arizona and every other state that does. This means that a landowner can cut off the offending branches or roots at their property line. However, they cannot cut the tree down or cut its branches or roots beyond the extent to which they encroach upon their land.
In the case of Cannon v. Dunn (Arizona Court of Appeals, 1985), the court ruled that a landowner who sustains injury by the branches or roots of a tree intruding from another property may, without notice to the tree owner, cut off the offending branches or roots at their property line. This sets a precedent for Arizona law on tree disputes.
If your neighbour's tree is blocking your view, you can attempt to resolve the issue through open communication and neighbourly charm. You can discuss your concerns, and your neighbour may be willing to plant different types of trees or trim the existing trees to maintain your view.
If communication does not work, you can explore other legal avenues. You can check your city's zoning code for any height limitations on trees and structures. Your city may have view ordinances in place that could provide you with more rights and options. Additionally, if you are part of a homeowners' association (HOA), you can refer to the Covenant, Conditions, and Restrictions (CCR) contract that all homeowners must abide by. If your neighbour is in violation of the CCR, you may be able to sue.
It is important to note that total tree removal is rare, and you must be cautious when taking action. The tree owner has legal rights, and you may be liable for a fine of up to three times the value of the tree if it is harmed.
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You can trim overhanging branches up to your property line, but not beyond it
In Arizona, there are no statutes that specifically address tree encroachments. However, according to common law, you are allowed to trim overhanging branches up to your property line. This means that you cannot enter your neighbour's property or trim any part of the tree on their side of the property line. If you harm the tree in the process, you may be liable for a fine of up to three times the value of the tree.
Before taking any action, it is important to understand your rights and responsibilities as a landowner. The responsibility of maintaining trees falls on the landowner, who is expected to conduct reasonable inspections to ensure the tree is safe. If you have concerns about a neighbour's tree, it is best to start with a written request for them to address the issue. An open discussion about your concerns is often the most effective strategy, as neighbours may be willing to trim their trees to a height that is less disruptive to your view.
If communication with your neighbour does not work, you may need to pursue legal avenues. In some cases, local laws, city ordinances, zoning laws, or building codes may offer alternative solutions. For example, view ordinances are a type of zoning ordinance that aims to balance property rights with the preservation of scenic views. Additionally, if you are part of a homeowners' association (HOA), they may be able to pressure your neighbour to abide by any relevant Covenants, Conditions, and Restrictions (CCR).
It is important to note that you cannot cut down a neighbour's tree or trim its branches beyond the extent to which they encroach upon your land. Serious harm caused by encroaching tree roots or limbs may give rise to a lawsuit, with "serious harm" typically requiring structural damage. If a tree is causing danger to the community or violating local government laws, it may need to be trimmed or removed to resolve the issue.
While you have the right to trim overhanging branches up to your property line, it is always best to try to resolve the issue amicably with your neighbour first and only take legal action if absolutely necessary.
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If the tree is harmed, you may be fined up to three times its value
Arizona does not have laws specifically addressing residential fences and trees, and blocking or obstructing a landowner's view does not constitute a private nuisance without a statute or easement that says otherwise. However, there are still legal avenues that you can pursue if your neighbour's tree is blocking your view.
If the tree is too close to power lines or streets, there are laws and utility easements that require tree pruning or removal. If the tree is causing a danger to the community, it could be understood as a danger to public safety, and your neighbour may be required to trim it down to a certain height or remove it.
If you are considering trimming the tree yourself, be aware that if the tree is harmed, you may be fined up to three times its value. This is a significant fine, especially if the tree is a landmark or has ornamental value. Therefore, it is important to carefully consider your course of action. While you are legally allowed to trim branches that infringe on your property, you cannot enter your neighbour's property or trim the tree on their side of the property line.
If communicating with your neighbour about the issue does not work, you may need to involve a lawyer or pursue legal action. An experienced real estate attorney can offer a neutral perspective and suggest strategies for resolution. In some cases, you may be able to resolve the issue by involving the municipality or the homeowner's association (HOA).
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If the tree causes serious harm, you may be able to sue for damages
Arizona does not have laws specifically addressing residential trees and fences. However, if a neighbour's tree causes serious harm, you may be able to sue for damages. Here are some things to consider:
Zoning Laws and Ordinances
Zoning laws and ordinances can provide a basis for resolving disputes over trees blocking your view. Check with your city clerk or attorney to understand the specific zoning laws and ordinances applicable to your area. These regulations often include height limitations for structures, including trees, and aim to balance property rights with the preservation of scenic views.
Homeowners' Association (HOA) Covenants
If you are part of an HOA, refer to the Covenants, Conditions, and Restrictions (CCR) contract that all homeowners have signed. This legally binding document outlines the rules that all owners must abide by, and you can take legal action if a neighbour violates these rules.
Building Permits and Codes
The person causing the obstruction may be in violation of their building permit. In such cases, they may be required to resolve the obstruction to maintain their permit.
Public Safety and Community Danger
If the offending tree violates local government laws unrelated to view ordinances or poses a danger to the community, you may be able to pursue legal action on those grounds. For example, if the tree is too close to power lines or streets, there may be laws and utility easements requiring its pruning or removal.
Negligence and Liability
If a neighbour's tree falls on your property and causes damage due to their negligence (e.g., failure to address complaints about a dead branch), they are legally liable, and you can seek compensation. However, if the damage occurs through no fault of the neighbour (an "act of God"), they are typically not responsible, and you would need to file a claim with your insurer.
Tree Health and Intentional Damage
To seek damages, the health of your tree must be significantly injured, not just its appearance. If a neighbour's trimming of branches overhanging your property line seriously injures the tree, they are liable for the damage. Additionally, in some states, intentionally damaging a tree is a crime, and you may be able to sue for punitive damages if their conduct was malicious.
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If the tree is a danger to the community, it may need to be removed
While Arizona does not have laws specifically addressing residential trees, there are some steps you can take if you believe a neighbour's tree is a danger to the community.
Firstly, check your city's zoning code for any height limitations for trees. You can do this by checking with the city clerk or city attorney. If the tree in question violates these height limitations, you may be able to request that your neighbour trim the tree to an appropriate height.
If the tree is too close to power lines or streets, there are laws and utility easements that require the tree pruning or removal. If the tree violates other local government laws unrelated to view ordinances, or is causing danger to the community, you may be able to resolve the obstruction on the grounds of public safety.
If the tree in question is on a common area, the Association is generally responsible for its maintenance. The Board should get expert advice, allow community input, and create a reasonable policy that is consistently followed. If the tree is causing damage to a private lot, the Association may be liable for that damage.
If you are unable to resolve the issue amicably with your neighbour, you may need to take the matter to small claims court.
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Frequently asked questions
Yes, your neighbor can block your view unless there is a view ordinance, zoning law, subdivision rule, or existing easements. However, your neighbor cannot deliberately block your view with a structure that serves no purpose to them.
You can trim the branches of your neighbor's tree that hang over your property line as long as you do not kill the tree. You can also try talking to your neighbor about your concerns, as they may be willing to plant different types of trees or trim the existing ones to preserve your view.
If your neighbor's tree is causing serious harm, you may be able to sue them to trim or remove the tree. "Serious harm" typically refers to structural damage caused by encroaching tree roots or limbs. You can also check your local laws and city ordinances, as there may be height limitations for trees specified in the zoning code.
