It’s a familiar experience: You step outside to find your yard covered in tree limbs and leaves.
Washington residents may wonder what happens when it’s not your landscape that’s making a mess, but your neighbors.
Are you allowed to cut down your neighbor’s tree if it is on your property line? Who is needed to clean up leaves, twigs and broken branches that fall on the fence?
Here’s what Washington state law says:
A cyclist rides on a blanket of fresh leaves on Hains Avenue in Richland. Bob Brawdy/bbrawdy@tricityherald.com
(Bob Brawdy/bbrawdy@tricityherald.com)
How does tree ownership work in Washington state?
In Washington state, who owns a tree “depends on the location of the tree trunk at ground level,” according to Sound Tree Care, a SeaTac company that provides arborist services throughout the Puget Sound.
“If the entire trunk is on one property, that tree is typically owned by that property owner,” Sound Tree Care said.
If that trunk sits directly on the boundary between two properties, it belongs to both neighbors under Washington state law.
“Ownership affects who can legally cut down, remove or replace the tree,” says Sound Tree Care, as well as who is responsible if the tree is damaged or fails.
Jason Mahon, of Hunter’s Tree Services, cuts a limb from a Douglas fir affected by butt rot Monday, October 23, 2017. David Montesino/dmontesino@thenewstribune.com
(David Montesino/dmontesino@thenewstribune.com)
Can I cut down my neighbor’s tree if it is on my property?
In general, you’re allowed to trim tree branches or roots that encroach on your property, even when the tree trunk is “located entirely on neighboring property,” according to Seattle law firm Montgomery Purdue.
“The property owner must be careful not to trim or cut any portion of the tree that is not located on their property,” said the law firm. “They can only cut or cut up to the property line.”
“Trimming should be done in a way that does not unreasonably damage the tree,” said Sound Tree Care.
This includes damaging the tree’s roots, trunk or doing anything that could cause the tree to fall.
Before cutting down part of the tree, ask or inform your neighbor what you plan to do to their tree. It’s the neighborly thing to do. Sound Tree Care said
Once leaves and twigs land on your property, they become your yard waste, legal experts say. BRUCE KELLMAN/THE NEWS TRIBUNE
(BRUCE KELLMAN/THE NEWS TRIBUNE)
Does my neighbor have to clean up leaves or branches?
According to legal experts, you are responsible for disposing of leaves, twigs and branches that fall onto your property — even if they come from a neighbor’s tree.
“Once they land on your property, they become your yard waste,” said online legal resource FindLaw.
A portion of East 82nd Street is closed after a tree crashed into a home in Tacoma in December 2025. Liesbeth Powers/lpowers@thenewstribune.com
(Liesbeth Powers/lpowers@thenewstribune.com)
Who is responsible for damage to trees on my property?
Are homeowners liable for damage their trees cause to other properties?
It depends on the circumstances, according to FindLaw.
“If your neighbor took reasonable care to hold the tree limb, and the tree limb did not appear to a reasonable person to be threatening to fall,” they are “probably not” liable if a storm sends that limb crashing onto your roof, wrote FindLaw contributor Eric Harvey.
Such an event would be considered an “act of God.”
“On the other hand, if the tree was not properly maintained, then your neighbor could be responsible for the damages caused,” said Harvey.
Jake Hines, left, and Ross Rukke, of Capstone Construction, work to remove a fallen tree in Spokane after deadly storms swept through the state leaving many without power. Dan Pelle/Associated Press
(Dan Pelle/Associated Press)
What if my neighbor refuses to take care of their tree?
“Landowners are responsible for maintaining the trees on their property,” Harvey said.
Legally, property owners must “make reasonable inspections and take care to ensure the tree is safe,” according to FindLaw.
If you believe your neighbor’s tree may cause a safety issue, Sound Tree Care recommends documenting the condition of the tree, including dated photos and any communications you’ve had with your neighbor about the tree.
You should also consult an arborist for a risk assessment, Sound Tree Care said.
Rafael Martinez pauses to look at the tall trees surrounding his property as he clears debris from a pair of 60-foot-tall trees that fell in his neighbor’s backyard in Lacey in August 2015, narrowly missing two homes. Tony Overman/staff photographer
Experts say branches and roots damaging your property can be considered a nuisance under Washington law, especially if they are “interfering with your use and enjoyment of your own property.”
At that point, you may want to get lawyers – or your local municipality – involved.
“If the court finds that the tree is a nuisance, it can order the tree to be removed,” Harvey said, while cities with ordinances prohibiting landowners from maintaining hazardous conditions on their property “can remove the tree themselves or order your neighbor to do it.”
Austin Heppell, right, and Ryan Cox of Apex Tree Experts cut a large oak tree leader on Friday, Feb. 15, 2019. The leader cracked from the weight of accumulated snow during a storm and fell onto the garage of this Lakewood home. Drew Perine/dperine@thenewstribune.com
(Drew Perine/dperine@thenewstribune.com)
Can I legally cut down my neighbour’s tree?
If you want to cut or trim a tree on someone else’s property, ask first.
“If it is necessary to enter the other property for trimming, the permission of that property owner must be obtained before entry, unless the limbs threaten to cause imminent and serious harm,” said Clark County Public Works.
According to the Revised Code of Washington, it is illegal to “cut, belt or injure” any tree or shrub “without legal authority.”
This includes trees on private property as well as those standing in the street in front of someone’s house.
The cutting down of this nuisance tree between their and their neighbors’ homes in Gig Harbor’s Canterwood neighborhood landed John and Kathy Arroyo in hot water with their homeowners association. Tony Overman/overman@theolympian.com
(Tony Overman/overman@theolympian.com)
What are the penalties for cutting down a tree?
If you are caught cutting down a tree without a permit, you can be liable for three times the value of the tree.
“Most trees have a replacement value of between $500 and $2,500,” Clark County Public Works said. “Ornamental or monumental trees can have a value between $20,000 and $60,000.”