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!
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Big Easy Tree Removal 
Feb 11, 2023 
0 Comments Living in New Orleans means sharing your neighborhood with some of the most impressive tree canopies in the South. Mature live oaks, towering bald cypresses, and fast-growing water oaks line streets from Uptown to Gentilly and across the Westbank. But when a neighbor’s tree grows tall enough to block sunlight, drop heavy limbs, or threaten your roof during hurricane season, you need to know where you stand. Big Easy Tree Removal helps homeowners throughout the Greater New Orleans area understand their options and take action when a neighboring tree becomes a concern.
No. Louisiana does not impose a statewide maximum height for trees on private property. Unlike some states that set specific height caps near property lines, Louisiana law focuses on whether branches or roots actually interfere with a neighboring property rather than measuring overall tree height.
The key statute is Louisiana Civil Code Article 688, which addresses branches or roots that extend onto a neighbor’s land. Under this article, a landowner has the right to demand trimming of branches or roots that cross the property boundary, and the cost falls on the tree’s owner. However, this right only applies when the encroaching growth interferes with your enjoyment of your property. A few leaves blowing across the fence line would not meet that threshold, but cracked foundations, blocked gutters, or shade that prevents your garden from growing likely would.
Yes. Even without a specific height limit, a tree can be declared a nuisance under Louisiana law if it causes actual harm or unreasonable interference with your property. This includes situations where a dangerously tall or leaning tree poses a threat to structures, vehicles, or personal safety.
If a tree owner has been notified about a hazardous condition and fails to act, they can be held liable for any resulting damage. This is especially relevant in the New Orleans area, where hurricane-force winds and heavy rain events can turn a neglected tall tree into a serious threat. Louisiana courts have consistently held that property owners have a duty to maintain their trees in a reasonably safe condition.
The City of New Orleans enforces a Tree Protection Ordinance under Article 23 of the Comprehensive Zoning Ordinance. This regulation protects private trees with a trunk diameter at breast height of six inches or more and requires permits before removal on development sites.
While the city ordinance does not set a maximum height for trees, it does regulate when and how trees can be removed. If a neighbor’s tree is protected under this ordinance, you cannot simply cut it down or have it removed without proper authorization. Exceptions exist for trees that are diseased, storm-damaged, or pose a danger to people or structures.
New Orleans Parks and Parkways manages public right-of-way trees and street trees separately. If the tree in question sits between the sidewalk and the street, it may fall under city jurisdiction rather than your neighbor’s responsibility. Contact the city’s Parks and Parkways department to determine ownership and your options.
An excessively tall or overgrown tree can cause a wide range of problems including blocked sunlight, root damage to foundations and sewer lines, excessive leaf and debris accumulation, and increased risk of storm damage from falling branches or the entire tree.
In the New Orleans climate, where subtropical humidity and frequent storms are the norm, tall trees present specific concerns:
Yes. Under Louisiana Civil Code Article 688 and common law principles, you have the right to trim branches and roots that extend past your property line. However, you must not damage the health or structural integrity of the tree, and you should notify the neighbor before beginning any work.
There are important limitations to keep in mind. You cannot enter your neighbor’s property to perform the trimming. You also cannot cut so aggressively that you destroy the tree’s structural integrity or cosmetic appearance. If your trimming kills or seriously damages the tree, you could be held liable for up to three times the tree’s replacement value under Louisiana law.
Under Louisiana Civil Code Article 688, if you demand that your neighbor trim branches or roots that extend onto your property, the expense of that trimming falls on the neighbor who owns the tree. This is a distinct advantage of Louisiana law compared to many other states, where the cost falls on the affected property owner.
To exercise this right properly, start by sending a written demand to your neighbor. Describe the specific branches or roots causing interference and give a reasonable deadline for the work to be completed. If the neighbor refuses, you may file a claim in civil court for an injunction requiring the trimming, along with recovery of any damages.
Begin with a calm, direct conversation that focuses on the specific problem rather than assigning blame. Bring photos documenting the issue, reference any relevant ordinances, and suggest a solution that addresses your concern while respecting your neighbor’s property.
Follow these steps to work through a tree height dispute in the New Orleans area:
Call a licensed arborist any time a neighbor’s tree shows signs of disease, structural weakness, excessive lean, dead branches in the canopy, or root damage near foundations. In the New Orleans area, you should also schedule an assessment before each hurricane season for any tall tree near your property.
Big Easy Tree Removal provides comprehensive tree assessments for homeowners dealing with neighbor tree disputes. Whether you need tree removal, selective branch reduction, or a written evaluation for legal purposes, our licensed arborists can help. We also offer tree support systems such as cabling and bracing that can make a tall tree safer without requiring full removal.
For trees that can be saved, tree preservation services help maintain the health and structure of mature trees while reducing risk to neighboring properties. In cases where removal is necessary, stump removal ensures no tripping hazards or regrowth problems remain after the tree comes down.
If a neighbor’s tree is causing problems for your New Orleans property, do not wait until storm season to address it. A qualified arborist assessment gives you the documentation and options you need to move forward, whether through a neighborly conversation or legal channels.
Call Big Easy Tree Removal at 504-732-1166 or request a free estimate online to schedule an assessment of the tree in question.
We serve New Orleans, Gretna, Slidell, Metairie, Kenner, Covington, Mandeville, Hammond, River Ridge, and throughout Louisiana.
No. Neither Louisiana state law nor the City of New Orleans imposes a specific maximum height for trees on private property. However, the city’s Tree Protection Ordinance regulates the removal of trees with a trunk diameter of six inches or more, and Louisiana Civil Code Article 688 allows you to demand trimming of branches that encroach onto your property.
You generally cannot force a neighbor to remove an entire tree just because it is tall. However, if the tree is dead, diseased, or poses a documented safety hazard, you may be able to pursue a nuisance claim in civil court to compel removal. Louisiana law primarily gives you the right to demand trimming of branches and roots that cross your property line.
If the tree was healthy and fell due to an act of nature such as a hurricane, the neighbor is typically not liable and your homeowner’s insurance would handle the claim. However, if the neighbor was previously notified that the tree was dead, diseased, or structurally compromised and failed to address it, they can be held responsible for the damage.
Big Easy Tree Removal offers free estimates for tree assessments in the Greater New Orleans area. A formal written arborist report suitable for legal proceedings or insurance claims may involve an additional fee, but the initial evaluation and consultation come at no cost.
Contact a licensed tree service well before June to assess the tree’s health and structural stability. Document any concerns in writing and share them with your neighbor, as this written notice strengthens your legal position if the tree causes damage later. Early action also ensures availability, since tree services across the New Orleans area book up quickly as storm season approaches.
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