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 beautiful and historic trees in the South. Mature live oaks line streets from Uptown to Gentilly, and magnolias shade yards across the Westbank and Northshore alike. But when a neighbor’s tree drops limbs over your fence or sends roots under your driveway, you need to understand your legal rights before picking up a saw. At Big Easy Tree Removal, we help homeowners across the Greater New Orleans area handle tree disputes the right way, with proper knowledge of Louisiana law and safe, professional-grade service.
This guide covers the Louisiana Civil Code articles that govern neighbor tree disputes, New Orleans-specific tree ordinances, and the practical steps you should take when a tree on or near your property line becomes a problem. Whether you are dealing with overhanging branches after hurricane season, invasive root systems threatening your foundation, or a dying tree next door, this post will help you understand where you stand.
Louisiana does not follow common law traditions for property disputes. Instead, the state operates under a civil law system rooted in the Napoleonic Code, and tree-related disputes between neighbors fall under specific articles in the Louisiana Civil Code.
Article 688 grants a landowner the right to demand that a neighbor trim any branches or roots that extend over or into the landowner’s property, provided those branches or roots interfere with the enjoyment of the property, and the trimming expense falls on the neighbor.
This is the most commonly cited statute in Louisiana neighbor tree disputes. The key phrase is “interfere with the enjoyment.” If your neighbor’s oak drops acorns on your roof or a crepe myrtle branch blocks your driveway, you have the legal standing to demand your neighbor handle the trimming at their own cost. However, if the encroachment causes no real interference, you may not have grounds to force action.
Under Louisiana Civil Code Article 490, the owner of the land where a tree trunk stands is the legal owner of that tree, including all branches, roots, and fruit, regardless of how far the canopy extends over adjacent properties.
This means that even if your neighbor’s pecan tree shades your entire backyard, the tree belongs to your neighbor as long as the trunk is rooted on their side of the property line. You cannot remove the tree or damage it without their permission, even if parts of it hang over your yard.
Overhanging branches are one of the most common sources of neighbor conflict in New Orleans, especially after summer storms and hurricane season when weakened limbs snap and fall into adjacent yards.
You have the right to demand your neighbor trim branches that extend over your property line if they interfere with your enjoyment, but you should not trim branches yourself without first notifying your neighbor, as improper cutting could make you liable for tree damage.
The safest approach is to send a written request to your neighbor asking them to trim the overhanging branches. If they refuse and the branches genuinely interfere with your property, you can pursue the matter through local courts. Some homeowners do trim branches back to the property line on their own, but cutting too aggressively or harming the tree’s health can expose you to liability for up to three times the tree’s appraised value.
Article 688 covers roots as well as branches, so you can demand your neighbor address root encroachment that damages your foundation, driveway, plumbing, or other structures on your property, with the cost of correction borne by the tree owner.
Root damage is common in New Orleans due to the region’s high water table and clay-heavy soils. Live oaks and other large species often send root systems well beyond their canopy line. If roots from a neighbor’s tree crack your slab, lift your sidewalk, or invade your sewer lines, document the damage with photographs and a written assessment before contacting your neighbor.
Under Louisiana Civil Code Article 687, trees, bushes, and plants located on the boundary between two properties are presumed to be co-owned by both neighbors, and either owner can demand removal if the tree interferes with the enjoyment of their property.
Boundary trees are especially common in older New Orleans neighborhoods like the Garden District, Mid-City, and Lakeview, where lot lines are tight and mature trees have been growing for decades. If the trunk straddles the property line, neither neighbor can unilaterally remove or significantly alter the tree without the other’s consent. If one owner wants the tree removed because it has become hazardous or is causing damage, that owner must bear the cost of removal.
To determine whether a tree is truly on the boundary, a licensed surveyor can establish exact property lines. This small investment often prevents larger disputes down the road.
A neighbor may be liable for damage caused by a fallen tree if they knew the tree was dead, diseased, or structurally compromised and failed to act, but they are generally not liable if a healthy tree falls due to a storm or other natural event.
In a city like New Orleans, where hurricanes, tropical storms, and heavy summer thunderstorms are a fact of life, this distinction matters. If your neighbor has a visibly rotting water oak leaning toward your house and ignores your repeated requests to address it, they can be held responsible for any damage when it eventually falls. On the other hand, if a strong storm topples a healthy tree with no prior signs of weakness, the damage is typically considered an act of God, and each property owner handles their own insurance claim.
Yes. Written records, photographs, and dated correspondence showing that you notified your neighbor about a dangerous tree are critical evidence if the tree later causes damage and you need to establish that the neighbor was aware of the hazard.
Send your concerns in writing, whether by certified letter or email, and keep copies. If the tree is on the public right-of-way, call New Orleans 311 to file a service request with the Department of Parks and Parkways.
Yes. Under Chapter 106, Section IV of the New Orleans Code of Ordinances, all trees on public rights-of-way, neutral grounds, parks, and the area between the sidewalk and the street are managed by the Department of Parks and Parkways, and removing or damaging them without a permit is prohibited.
This is a common source of confusion for New Orleans homeowners. The large live oak between your sidewalk and the curb likely belongs to the city, not to you. You cannot trim it, remove it, or allow a contractor to damage it during construction without risking fines. All maintenance and removal requests for public trees must go through the city’s 311 system or directly through the Department of Parks and Parkways.
Private trees on your own residential lot are not currently protected by a city-wide ordinance in New Orleans, but trees located within certain historic overlay districts or planned developments may have additional protections that require permits before removal.
New Orleans has been working to update its tree protection ordinance, which had not been amended since 1956. A revised ordinance was drafted in late 2024 with expanded protections for significant trees on private property. Homeowners should check with the city’s One Stop Shop for permits or contact Parks and Parkways before removing any large tree to ensure compliance with the most current rules.
Start with a direct, polite conversation with your neighbor, follow up with a written request if needed, and consider mediation through a local community justice center before filing a lawsuit, as court proceedings over tree disputes can be expensive and time-consuming.
Many tree disputes in New Orleans neighborhoods are settled informally. A face-to-face conversation often reveals that your neighbor simply was not aware of the problem. If informal communication does not work, a written demand letter referencing the applicable Civil Code articles (687 or 688) demonstrates that you understand your rights and are serious about resolution.
If the tree poses an immediate safety hazard, such as a large dead limb hanging over your roof during hurricane season, do not wait for a legal process. Contact a licensed tree service to assess the situation and provide a written evaluation that you can share with your neighbor and, if necessary, the court.
Understanding your legal rights is the first step, but resolving a tree dispute often requires hands-on work. Whether you need overhanging branches trimmed back to the property line, a hazardous tree evaluated before storm season, or a full tree removal after a neighbor agrees the tree must go, Big Easy Tree Removal is here to help.
We also offer tree trimming that keeps your trees healthy and within property boundaries, stump removal after a tree comes down, and tree preservation services for homeowners who want to protect a valuable tree rather than lose it. If root encroachment is the issue, our arborists can evaluate whether tree support systems or targeted root management can resolve the problem without removing the tree.
Call us at 504-732-1166 or request a free estimate to discuss your situation. We will walk through your options and help you take the right next step.
We serve New Orleans, Gretna, Slidell, Metairie, Kenner, Covington, Mandeville, Hammond, River Ridge, and throughout Louisiana.
If your tree’s branches or roots extend onto your neighbor’s property and interfere with their enjoyment, they can demand trimming at your expense under Louisiana Civil Code Article 688. For boundary trees, either neighbor can demand removal under Article 687 if the tree interferes with their property, but they must pay for the removal themselves.
If the tree was healthy before the storm, the damage is generally considered an act of God, and each homeowner files their own insurance claim. However, if the tree was visibly dead or diseased and the owner failed to address it despite being notified, the tree owner may be liable for cleanup and repair costs.
Yes. Trees in the public right-of-way, including those between the sidewalk and the curb and on neutral grounds, are managed by the New Orleans Department of Parks and Parkways. You must submit a request through the city’s 311 system before any trimming or removal work can be done on those trees.
Send a written request referencing Louisiana Civil Code Article 688 and keep a copy for your records. If the neighbor still refuses, you can file a petition in your local court to compel trimming at the neighbor’s expense, provided the branches interfere with the enjoyment of your property.
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