Stumped by Tree Troubles? We're Here for You! - Get Your FREE Estimates!
Stumped by Tree Troubles? We're Here for You! - Get Your FREE Estimates!
By
Big Easy Tree Removal 
Feb 11, 2023 
0 Comments Living in New Orleans means sharing space with some of the most iconic trees in the South, from sprawling live oaks draped in Spanish moss to towering bald cypresses that define the city’s landscape. But when branches hang over a fence line or roots push into a neighboring yard, those beautiful trees can become a source of tension. If a neighbor has asked you to cut down or trim a tree on your property, you need to understand your rights under Louisiana law before you take action. At Big Easy Tree Removal, we help New Orleans homeowners navigate these situations with the right information and reliable tree care services.
The humid subtropical climate in New Orleans promotes rapid tree growth year-round, which means encroaching branches and expanding root systems are common concerns between neighbors. Understanding what the law actually requires, versus what a neighbor might demand, protects both your property and your relationship with the people next door.
No, a neighbor in Louisiana cannot force you to remove a healthy tree that sits entirely on your property. Louisiana law gives property owners the right to keep their trees, and a neighbor’s preference or complaint alone is not grounds for mandatory removal. The only exception is when the tree poses a documented safety hazard or violates a local ordinance.
This distinction matters because many homeowners in New Orleans receive informal demands from neighbors who believe they have more authority than the law actually grants. A neighbor may dislike the shade, the leaf litter, or the size of your tree, but none of those reasons create a legal obligation for you to remove it.
However, if branches or roots from your tree extend across the property line, your neighbor does have specific rights under Louisiana Civil Code Article 688. Those rights relate to trimming, not removal, which is an important difference.
If your tree causes damage to a neighboring property through falling limbs, invasive roots, or collapse, you may be held liable under Louisiana law, particularly if you had prior knowledge the tree was diseased, dead, or structurally compromised. Negligence in maintaining a hazardous tree can result in a civil claim for damages.
New Orleans experiences severe weather regularly, from summer thunderstorms to hurricane season. A tree that appears stable in calm weather may pose a real threat during high winds. If a neighbor notifies you in writing that a tree appears dangerous, that notice may later serve as evidence of your awareness. Regular tree trimming helps reduce the risk of storm damage and potential liability.
Louisiana Civil Code Article 688 states that a landowner may demand that branches or roots from a neighbor’s trees, bushes, or plants that extend onto their property be trimmed at the tree owner’s expense. This right applies only when the encroachment interferes with the neighbor’s enjoyment of their property, not merely because branches are visible.
The key phrase is “interferes with the enjoyment.” A few leaves drifting across a fence line likely will not meet this threshold. But branches blocking a driveway, roots cracking a foundation, or limbs damaging a roof almost certainly will. In New Orleans, where live oaks can spread canopies over 100 feet wide, encroachment across property lines is extremely common.
Article 688 does not give your neighbor the right to enter your property to trim trees themselves. It also does not authorize complete removal. The remedy is limited to trimming branches and roots back to the property line, and the cost falls on the tree owner.
If a tree owner refuses a valid demand under Article 688, the neighbor can file a civil lawsuit seeking an injunction to compel the trimming. The court may also order the tree owner to pay the trimming costs plus the neighbor’s legal fees if the demand was justified and ignored.
Most disputes in New Orleans are resolved without litigation. A reasonable response to a neighbor’s request is to have the tree inspected by a qualified arborist and, if trimming is warranted, to schedule the work promptly. This approach preserves the relationship and avoids court costs that often exceed the price of the trimming itself.
Yes, New Orleans requires a tree work permit for the removal of many tree species, especially live oaks, magnolias, and other protected varieties. Removing a protected tree without a permit can result in fines exceeding $5,000, depending on the tree’s size and species. Permits are issued through the City of New Orleans Parks and Parkways division.
This is a critical consideration when a neighbor asks you to cut down a tree. Even if you agreed to the request, removing a protected species without proper authorization violates city ordinances and can lead to significant penalties. Before agreeing to any tree removal, verify whether the tree falls under local protection rules.
New Orleans has some of the oldest urban tree canopy in the country, and local government actively works to preserve it. If a tree can be saved through tree preservation techniques rather than removal, that may be the required course of action under the city’s guidelines.
New Orleans enforces stricter tree protection ordinances than most other Louisiana municipalities. While state law under the Civil Code governs neighbor disputes uniformly, the city adds an extra layer of regulation that limits when and how trees can be removed, especially for historically significant or large-canopy species.
Communities across the Greater New Orleans area, including Metairie, Kenner, and the Northshore, may have their own tree regulations as well. Before making any decisions about tree removal or major trimming, it is wise to check with your local parish or municipal office for the specific rules that apply to your property.
Under Louisiana law, a tree, shrub, or bush located on the boundary between two properties is considered common property, meaning both owners share equal rights and responsibilities. Neither owner can unilaterally remove the tree without the other’s consent, and maintenance costs are typically shared.
Boundary trees are common in older New Orleans neighborhoods like the Garden District, Uptown, and Mid-City, where lots are narrow and mature trees have been growing for decades. If a boundary tree needs to be removed because it is dead, diseased, or poses a safety risk, both property owners should agree on the action and share the cost.
If one owner wants to remove a healthy boundary tree and the other does not, the requesting party must seek a court order. The court will evaluate whether the tree genuinely interferes with the requesting party’s enjoyment of their property before granting removal, and the requesting party typically bears the removal costs.
The most effective approach to resolving a tree dispute in New Orleans is to start with a direct, respectful conversation with your neighbor. Document the discussion, get a written arborist assessment of the tree’s condition, and propose a solution that addresses the neighbor’s concern without unnecessarily removing a healthy tree.
Many tree disputes escalate because of poor communication rather than genuine legal issues. If your neighbor asks you to cut down a tree, ask specifically what the concern is. Often, the real issue is a few overhanging branches, fallen fruit, or blocked sunlight, all problems that can be solved with selective trimming rather than full removal.
If direct negotiation fails, mediation through the New Orleans Civil District Court is a less expensive alternative to a full lawsuit. A mediator helps both parties reach an agreement without the time and cost of a trial.
Yes, hiring a certified arborist to inspect the tree before making any decision is strongly recommended. An arborist’s written report provides objective evidence of the tree’s health, structural integrity, and risk level, which protects you whether the dispute stays neighborly or moves to court.
In New Orleans, where hurricane season runs from June through November, a tree that shows signs of disease, root rot, or structural weakness should be addressed before storm season arrives. A professional inspection can also reveal whether tree support systems like cabling or bracing might save the tree while eliminating the safety risk. In some cases, fertilization or termite treatments may resolve health issues without the need for removal.
Not every neighbor request requires tree removal, but some situations do call for professional intervention. You should contact a tree service company when:
If the tree must come down, a licensed and insured company ensures the work is done safely and in compliance with New Orleans ordinances. After removal, stump grinding eliminates the remaining stump, and tree planting can replace what was lost with a species better suited to the property’s layout and your neighbor’s concerns.
If the situation involves a stump left behind from a previously removed tree, stump removal can clear the area entirely and prevent regrowth or pest issues.
Ready to resolve a tree dispute or get a professional assessment? Call Big Easy Tree Removal at 504-732-1166 or request a free estimate today.
We serve New Orleans, Gretna, Slidell, Metairie, Kenner, Covington, Mandeville, Hammond, River Ridge, and throughout Louisiana.
Under Louisiana Civil Code Article 688, your neighbor must first demand that you trim the encroaching branches at your expense. They cannot enter your property or cut branches on your side of the property line without your permission. If you refuse, their recourse is to file a civil lawsuit.
In New Orleans, a tree work permit is primarily required for removal, not routine trimming. However, if the trimming involves a protected species like a live oak and the work is substantial enough to affect the tree’s health or structure, a permit may still be required. Check with Parks and Parkways before scheduling major work.
Document the hazard with photos and notify your neighbor in writing immediately. If the tree poses an imminent danger, contact the City of New Orleans 311 line and your homeowner’s insurance company. You may also want to consult a licensed tree service company to assess whether emergency removal is needed before the next storm.
Under Article 688 of the Louisiana Civil Code, the tree owner pays for trimming branches or roots that encroach onto a neighboring property. If the tree owner refuses, the neighbor can pursue the costs through civil court, and the court may order reimbursement plus legal fees.
Yes, live oaks and several other species are protected under New Orleans city ordinances. Even if a neighbor has a valid complaint about encroachment, the city may deny a removal permit for a healthy live oak. In those cases, trimming rather than removal is typically the required solution.
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