Who Is Responsible for Cutting Overhanging Tree Branches in Washington State?

You may love the shade and privacy a mature tree provides, but what happens when branches from a neighbor’s tree grow over your fence, block sunlight, or drop needles into your yard? Can you trim them? And who pays for the work? In Washington State, tree ownership, rights, and responsibilities can feel complicated. This guide breaks down what you can and can’t do so you can avoid a dispute (and stay on the right side of the law). This article provides general information. For legal advice specific to your situation, consult a qualified attorney.

What the Law Actually Says

Two key concepts determine responsibility:

1. You may trim encroaching branches, cautiously

Homeowners are usually allowed to remove vegetation that grows into their airspace, up to the property line. But you cannot enter your neighbor’s property without permission, and you cannot harm the tree in a way that threatens its stability or survival. Excessive pruning, root cutting, and improper equipment use can all be considered “injury.”

2. Tree damage can mean serious liability

Washington’s Timber Trespass Law (RCW 64.12.030) holds individuals financially responsible for harming or cutting a tree on someone else’s land, sometimes up to three times the value of the tree. That includes preventable damage during trimming.

So while you can prune overhang, if your pruning kills the tree, you could be liable for thousands of dollars. Please consult legal counsel if you are concerned.

Street Trees and Sidewalk Overhang: City Rules Apply

If a tree’s branches block sidewalks, roads, street signs, or utility access, Washington cities can require the adjacent property owner to trim them. Municipal authority comes from RCW 35.21.310, which allows cities to enforce overhanging vegetation removal for public safety.

City codes vary, but many require:

• Minimum 8 ft. clearance over sidewalks
• Minimum 14 ft. clearance over roads
  

In these cases, waiting could result in a notice, fines, or the city hiring a contractor and billing the homeowner.

Before trimming trees near sidewalks or public ROW, check your city’s specific requirements.

Who Owns the Tree?

Responsibility depends on where the trunk sits:

What You Can and Cannot Do

You may:

• Trim branches that hang over your property, only within your property line
• Contact a certified arborist if you’re unsure whether pruning will harm the tree
• Request cost-sharing from the neighbor if the tree creates a nuisance (although they are not always legally required to pay)
  

You may not:

• Enter your neighbor’s yard without permission
• Cut or disturb roots across the property line
• Remove or damage a tree you do not own
• Create a hazard by making the tree unstable
• Ignore a city notice about sidewalk or road obstruction
  

A common rule of thumb: If there is any risk of harming the tree, do not DIY.

How to Handle Overhanging Branch Disputes

Most issues can be resolved with communication before involving local code enforcement or attorneys. Please attempt friendly communication first as neighbor relationships are likely long-term.

A good approach:

1. Talk to your neighbor: calmly explain the issue and concerns.
2. Document the situation with photos and dates.
3. Get written permission before entering their yard or hiring a contractor.
4. Check local ordinances if the tree obstructs public space or is potentially hazardous.
5. Call a professional if the tree is large, diseased, or near utilities.
   

If the neighbor refuses to act and the tree poses a danger, an arborist or city code inspector may help provide a documented safety assessment.

What About Hazardous or Dead Trees?

A dying or unstable tree presents risks. If the entire trunk is on your neighbor’s property, it is their responsibility to address safety issues and their liability if the tree causes damage after they have been made aware of the danger.

If you suspect disease or structural failure:

• Promptly notify the neighbor in writing
• Include photos
• Encourage an arborist evaluation
  

Good documentation helps protect you if damage later occurs.

When to Call a Professional Tree Service

Tree trimming and tree removal is dangerous especially when trees are tall, near homes or utilities, or have compromised wood. Incorrect cuts can cause trunk splitting, unpredictable falls, power outages, or property damage.

Call an expert when:

• The tree is near power lines
• Branches are thick or high off the ground
• The tree is dead, leaning, or diseased
• You suspect root involvement
• The trunk lies on the border of two properties
  

Professionals can obtain any required permits, ensure safe pruning, and reduce legal risk.

Confused About Responsibility? We Can Help.

If you’re dealing with overhanging branches in the greater Snohomish or Seattle area, HG Tree Services is here to support you. We handle:

• Branch removal
• Full tree removal
• Stump removal
  

Our team can assess safety risks, handle trimming without damaging trees, and help you navigate local rules so you don’t have to guess. Contact HG Tree Services today for a professional, affordable quote.