What is a boundary tree?

A boundary tree is a tree whose trunk is located on the property line between two land lots. The tree is on the boundary between the two lots, hence the name. Boundary trees create unique issues for land owners and for tree law.

A tree is a boundary tree if any part of its trunk, even just a sliver, is on the property line. If other parts of the tree, such as roots and branches, but not the trunk, are on the property line, then the tree is not a boundary tree. Only the trunk matters.

Boundary trees are owned equally by both land owners, regardless of what percentage of the tree or tree trunk is on whose property. Neither owner may remove the tree without the permission of the other. Neither owner may harm the tree without the permission of the other, for example by cutting the tree’s roots. You may, however, prune the branches of the tree that are on your side of the boundary, so long as the pruning does not kill the tree.

Because a boundary tree is owned by both land owners, liability can be complicated if the tree falls and hurts someone or damages property. Things get even more complicated if there was a disagreement between the owners about whether or not the boundary tree was a hazard and needed to be removed.

In conversion of timber cases in which one owner removes the boundary tree without the permission of the other owner, the second owner is entitled to claim half the value of the converted tree, representing their half ownership of the tree.

Because of the unique laws around boundary trees it’s important that we identify boundary trees before pursing a claim for timber conversion. We always have a survey made of the client’s property to determine the exact status of any potential boundary trees.