There is no single universal height limit for trees on private property. How tall a neighbour’s tree is allowed to grow depends on local laws, where the tree is planted, and whether it causes problems.
That said, there are some widely accepted rules and principles that apply in most places.
1. There Is Usually No Fixed Maximum Height
In many countries and cities:
- Trees can grow as tall as their species allows
- There is no general legal height cap for private trees
- Height alone is rarely illegal
A tree is typically only an issue if it causes damage, danger, or nuisance.
2. Distance From the Property Line Matters
Local regulations often control how close a tree can be planted, not how tall it becomes.
Common examples (these vary by location):
- Small trees: 1–2 meters from the boundary
- Large trees: 2–4 meters or more from the boundary
If a tree was planted too close, neighbours may have stronger legal rights to request pruning or removal.
3. Overhanging Branches and Roots
In most jurisdictions:
- You are allowed to cut branches or roots that cross onto your property
- You usually must cut only up to the property line
- You cannot harm or kill the tree intentionally
Overhanging branches that block light, drop debris, or pose a risk are the most common source of disputes.
4. When a Tree Becomes a Legal Problem
A neighbour’s tree may need action if it:
- Poses a safety risk (falling branches, unstable trunk)
- Causes structural damage (foundations, fences, drains)
- Interferes significantly with light or access (in some countries)
- Violates local planting or zoning rules
In these cases, height becomes relevant indirectly, because taller trees increase risk.
5. Protected and Heritage Trees
Some trees:
- Are legally protected
- Require permits to prune or cut
- Cannot be reduced in height without approval
This applies even if the tree is large or inconvenient.
6. Best Practice Before Conflict
If a neighbour’s tree feels too tall:
- Check local council or municipal regulations
- Talk to your neighbour first, calmly and factually
- Suggest professional pruning, not removal
- Document issues if damage or danger exists
Most disputes are resolved through communication rather than legal action.