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 urban tree canopy in the South. Live oaks draped in Spanish moss line streets from Uptown to Gentilly, and mature cypress and magnolia trees shade yards across the metro area. But what happens when a neighbor’s tree drops heavy limbs onto your roof, sends roots into your foundation, or blocks your driveway? If you are wondering whether you can force a neighbor to cut down a tree, the answer depends on Louisiana state law, City of New Orleans ordinances, and the specific situation on your property. Big Easy Tree Removal helps homeowners across the greater New Orleans area navigate these situations with proper tree assessments, safe trimming, and permitted removal when necessary.
Louisiana follows a civil law system rooted in the Napoleonic Code rather than English common law. That distinction matters because the Louisiana Civil Code contains specific articles addressing property boundaries and trees that differ from rules in other states. Understanding these articles is the first step before confronting a neighbor about a problem tree.
Yes. Louisiana Civil Code Article 688 grants you the right to demand that your neighbor trim any branches or roots that extend onto your property, and the neighbor must pay for the trimming, provided those branches or roots interfere with the enjoyment of your land.
This is one of the strongest homeowner protections in Louisiana tree law. The key requirement is that the encroaching growth must actually interfere with your use of the property. Branches that block a walkway, drop debris on your roof, or roots that crack your driveway or damage plumbing all qualify. If the branches simply extend over your lot line without causing any real interference, a court may not enforce the demand.
Under Louisiana Civil Code Article 687, a tree growing on the boundary between two properties is presumed to belong to both owners equally. Either owner can demand removal of a boundary tree if it interferes with the enjoyment of their property, but the owner requesting removal must pay for it.
Boundary trees are common in older New Orleans neighborhoods like the Garden District, Mid-City, and Lakeview, where property lines run close together and mature trees have grown for decades. A professional survey is often necessary to confirm whether a trunk truly straddles the line or sits entirely on one side.
Article 667 prohibits any property owner from using their land in a way that causes damage to a neighbor. If a neglected or hazardous tree on your neighbor’s property causes damage to your home, fence, or other structures, this article may support a nuisance claim in court.
This provision is broad and covers situations beyond just trees. In the context of New Orleans, where hurricane season runs from June through November, a dead or structurally compromised tree that a neighbor refuses to address can become a serious liability. If that tree falls during a storm and damages your property, the neighbor may be held responsible if they were aware of the hazard and failed to act.
You may trim branches or roots that extend onto your property back to the property line, but you cannot cross onto your neighbor’s land or cut beyond the boundary. Louisiana law allows this self-help remedy as long as you stay on your side and do not harm the health of the tree.
Many New Orleans homeowners take this approach when overhanging branches drop leaves into gutters or when surface roots push up sidewalk pavers. However, improper cutting can kill a tree, especially older live oaks, and that could expose you to liability. Hiring a qualified tree service company to handle the work protects you legally and ensures the cuts promote healthy regrowth. Big Easy Tree Removal offers tree trimming that follows industry standards for pruning without damaging the tree.
Forcing a neighbor to remove an entire tree is difficult in Louisiana unless the tree is dead, severely diseased, or poses an imminent danger to people or structures. A court order is typically required, and you would need to demonstrate that the tree constitutes a genuine nuisance or hazard.
Courts in Louisiana weigh the value of mature trees heavily. A healthy live oak that has stood for a hundred years in Uptown New Orleans will not be ordered removed simply because it drops acorns or shades a garden. You would need to show structural instability, significant root damage to your foundation, or a documented safety risk confirmed by a certified arborist.
Yes. The City of New Orleans requires a tree work permit for the removal of any tree with a trunk diameter of six inches or more, measured at four and a half feet above the ground. Removing a protected tree without a permit can result in fines exceeding $5,000.
The permit process involves submitting an application to the Department of Parks and Parkways, followed by a site inspection from a city arborist. If removal is approved, you may be required to plant replacement trees or contribute to the city’s Tree Canopy Fund. This regulation applies whether the tree is on your property or involves a boundary dispute with a neighbor.
Live oaks, southern magnolias, and several other native species receive heightened protection under New Orleans city ordinances. Penalties for unauthorized removal of these species are significantly higher than for non-protected trees, and replacement requirements are more demanding.
New Orleans has historically lagged behind other Southern cities in formal tree protection, but the regulations that do exist carry real consequences. Before any tree removal moves forward in a neighbor dispute, both parties should verify whether the tree falls under protected status. Big Easy Tree Removal can conduct an on-site assessment and advise on permit requirements before any work begins.
Always start with a direct, respectful conversation. Many tree disputes in New Orleans are resolved when neighbors agree to share the cost of trimming or removal, avoiding the expense and stress of legal proceedings entirely.
Explain the specific problem: roots cracking your driveway, branches threatening your roof during hurricane season, or a leaning trunk that concerns you. Offer to get a joint estimate from a licensed tree service company. In many neighborhoods across New Orleans, from Algiers Point to Gentilly Terrace, neighbors have maintained good relationships by handling tree issues collaboratively.
If your neighbor refuses to address a problem tree, your next steps include sending a formal written demand, requesting mediation through a local dispute resolution program, or filing a petition in Orleans Parish Civil District Court citing the relevant Louisiana Civil Code articles.
Mediation is faster and less expensive than litigation and is often effective for neighbor disputes. If the situation involves an immediate safety hazard, such as a tree leaning toward your home after storm damage, you should also contact the City of New Orleans 311 service line to report the condition. Document everything with photographs, written communication, and any arborist reports.
In cases where a tree has already caused property damage, you may want to review what steps to take regarding damage from a neighbor’s tree.
Whether you are trimming encroaching branches on your side of the property line, preparing documentation for a legal dispute, or moving forward with a permitted removal, working with a licensed and insured tree service company protects you from liability and ensures the job meets city requirements.
Big Easy Tree Removal provides full-service tree removal, stump removal, and tree preservation throughout the New Orleans metropolitan area. If a neighbor dispute requires a written arborist assessment of tree health and structural integrity, that documentation can support your case whether you are negotiating directly or heading to court.
Call 504-732-1166 or request a free estimate to schedule an assessment of any problem tree on or near your property.
We serve New Orleans, Gretna, Slidell, Metairie, Kenner, Covington, Mandeville, Hammond, River Ridge, and throughout Louisiana.
Under Louisiana Civil Code Article 688, your neighbor is responsible for the cost of trimming branches or roots that extend onto your property and interfere with your use of it. If the encroachment does not cause any real interference, you may still trim back to the property line at your own expense.
If a storm-damaged tree poses an immediate threat to life or property, the City of New Orleans may authorize emergency removal. Outside of an emergency declaration, you still need your neighbor’s cooperation or a court order to remove a tree that remains on their land, even if it is damaged.
Routine pruning of branches that extend onto your property typically does not require a city permit. However, if the work involves a protected species like a live oak, or if the trimming is extensive enough to affect the tree’s health or structure, a tree work permit from Parks and Parkways may be required.
Document the damage with photographs and get a written assessment from both a foundation contractor and a certified arborist. Louisiana Civil Code Article 688 supports your right to demand root removal at your neighbor’s expense. If the neighbor refuses, consult an attorney about filing a nuisance claim under Article 667.
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