What Can I Do About My Neighbor’s Trees in Maine?
September 18, 2025
Trees can have the benefit of enhancing your property, but when your neighbor’s tree overhangs, drops debris, or threatens your home, and you wish to address these or other problems, the situation may call for legal clarity.
In Maine, property owners have rights and limitations when it comes to trees near property lines.
In Maine, Your Legal Rights Depend on the Facts and Circumstances of the Tree
- Tree ownership depends on the trunk. If the trunk is on your neighbor’s land, they own the tree—even if branches or roots reach your property.
- A property owner may remove encroaching non-boundary tree branches or roots up to the boundary line even if the removal damages the tree
- Removing or killing a tree rooted on your neighbor’s property without permission may result in legal liability, including damages.
Situations That Require Caution
- Trees located near public roads, conservation areas, or within shoreland zones may be subject to local ordinances, as well as state and/or federal laws.
- Some municipalities require permits or notice before certain trees can be trimmed or removed.
- If you remove, kill, or damage a neighbor’s tree through trimming or removal, you may expose yourself to liability under Maine’s timber trespass statute.
Steps to Take
- Review your property lines to determine where the tree is rooted.
- Talk to your neighbor. Many disputes can be resolved amicably.
- Document the issue with photos and written communication.
- Consult local ordinances or speak with the town code enforcement officer before acting.
- Seek legal help if the situation involves safety hazards, property damage, or an uncooperative neighbor.
When to Involve a Lawyer
If any part of a tree is endangering your property or safety, or if you’ve been accused of improper removal or trimming, legal guidance is essential. At Keenan Law, LLC, we help Maine property owners understand, assert, and defend their rights in real estate and neighbor disputes.
To discuss your options, contact Keenan Law, LLC by phone at (207) 536-0980 or by email at daniel@keenan-lawoffices.com
to schedule a consultation.
If you jointly own real estate in Maine with another person (or several people) and want to exit the arrangement, you may be able to initiate a partition action , which is a legal process allows property owners to divide or sell jointly held property, even when other co-owners do not agree. What is a Partition Action? Under Maine law, any co-owner of real estate (tenants in common, joint tenants, etc.) can ask the court to: Physically divide the property (partition in kind), or Order the property sold and divide the proceeds (partition by sale or equitable partition) Common Reasons for Partition (not an exclusive list) You inherited property with siblings and want to liquidate your ownership share You purchased land with a friend, partner, or family member, but no longer agree on how to manage the property One owner wants to sell the co-owner property, but the other owners refuse Options for Exiting Co-Ownership of Real Property Negotiate a Buyout Agree on a valuation, document ownership shares, and transfer your share via deed. File a Partition Lawsuit If no agreement is possible, the court may order a physical partition of the property (if that is feasible). If a physical partition of real property is not feasible, a partition lawsuit asks a court to order a private or public sale of the property, with the proceeds of any sale distributed among the co-owners. A distribution of the proceeds is typically based on each party’s ownership interest, as well as other considerations like improvements to the property that have increased its value, and certain contributions, such as payments a party has made for taxes or utilities. Key Considerations When Proceeding with a Partition Process Can the land be fairly divided? If not, an equitable partition (partition by private or public sale) may be ordered. Are there mortgages or liens? Encumbrances can impact division or proceeds. What’s the cost and timeline? Litigation can take time and may involve appraisals, surveys, legal fees, and court costs. Will selling trigger tax consequences? You should consult your tax professional for any impact. Why Legal Guidance Matters Partition actions can strain family or business relationships and involve complicated property questions. At Keenan Law, LLC, we help clients understand their options, as well as pursue and defend partition actions with clear legal strategy and experienced representation. To discuss your options, contact Keenan Law, LLC by phone at (207) 536-0980 or by email at daniel@keenan-lawoffices.com. The information on this page is for general information purposes only and should not be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information, does not constitute an attorney-client relationship.