Can I Cut Overhanging Tree Branches in NY?

What the Law Says

New York law permits a landowner to trim branches and roots of a neighbor’s tree that extend onto their property—so long as the trimming does not harm the tree’s health or stability and no trespass occurs. This right is rooted in common law and codified in part by RPAPL § 861, which affirms that property owners may abate private nuisances (e.g., encroaching limbs) without liability, provided the action is reasonable and non-destructive.

Under New York common law, an overhanging branch is considered a private nuisance if it causes substantial interference with the use and enjoyment of your land—such as blocking light, damaging structures, or dropping excessive debris. However, mere shade or falling leaves generally do not qualify as actionable nuisances.

Crucially, RPAPL § 861 authorizes self-help abatement of nuisances 'without liability'—but courts have consistently held this applies only when the action is reasonable, limited to your side of the property line, and does not injure the tree’s viability. Cutting beyond the boundary or entering the neighbor’s yard to trim constitutes trespass and may trigger liability.

Statutory Text

A landowner may cut away the branches or roots of a neighbor's tree which extend upon his land, but he may not go upon the adjoining land to do so, nor may he cut in such manner as to kill or materially injure the tree.

— Terwilliger v. Hirsch, 23 A.D.3d 1094, 1095 (4th Dept. 2005)

What to Do

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