Neighbor Trees: What Wisconsin Law Says

Branches and Roots Over the Line

• No Wisconsin statute covers trimming. We found no Wisconsin law or published appellate decision that spells out a right to cut a neighbor's branches or roots back to the line.
• Encroachment counts as injury. Wisconsin's statute on injury to real property counts encroachments above, on or below the surface as physical injury.(Wis. Stat. 844.01) The owner can sue to make up for past damage, stop further injury or remove its source.(Wis. Stat. 844.01)
• Talk first, then cut carefully. Cutting that kills or destroys a neighbor's tree can bring the damages in the next section, so keep any trimming to what's on your side, and get advice before cutting big limbs or roots.
• In Madison, oaks need a permit from April 1 to October 15, including a neighbor's oak hanging over your yard.(MGO 23.40) See oaks below.
• A city tree over your yard in Madison: the ordinance's permit rule for pruning street trees isn't meant to apply when a public tree is encroaching on your lot, but the City still asks you to let Urban Forestry do the work.(MGO 10.101) Cutting a street tree's roots badly enough to seriously injure it needs a Board of Public Works permit.(MGO 23.21)

Cutting a Neighbor's Tree

Wisconsin requires the owner's consent to cut or remove trees, shrubs and other "raw forest products."(Wis. Stat. 26.05) If someone cuts yours without consent, you can sue them,(Wis. Stat. 26.09) and the damages depend on how careful they were about the line:

• On top of that, the court awards economic damages and reasonable costs, which can include cleanup, valuing the trees, locating the boundary and replanting.(Wis. Stat. 26.09)
• Attorney fees go to the winner if the loser unreasonably refused, before the suit, to pay a demand or accept an offer.(Wis. Stat. 26.09)
• A written agreement protects you. No damages are owed if the cutter reasonably relied on a written agreement among the neighbors about who owned the tree.(Wis. Stat. 26.09)
• The state can fine it too: $100 to $10,000, and an intentional cut can be charged as theft.(Wis. Stat. 26.05)
• "Stumpage value" is a timber measure.(Wis. Stat. 26.09) The statute doesn't say how a court values a yard tree.

Before you take down a tree near the line, find the line. The property lines guide shows how, and when only a survey will settle it.

A Dead or Dangerous Tree

• Notice is what matters. The Wisconsin Supreme Court held private owners liable for tree branches that hid a stop sign, because the nuisance existed, the owners knew or should have known about it, and their failure to fix it caused the crash.(Physicians Plus v. Midwest Mutual, 2002 WI 80) That case was about a road, not a neighbor, but it's the clearest statement of when a tree owner is responsible.
• Put it in writing. If a neighbor's tree looks dead or is leaning, tell them in writing, with photos, so there's a record that they knew.
• In Madison, a broken, diseased or dead tree that could fall and hurt someone or damage property is a public nuisance by ordinance.(MGO 27.05) Report a neighbor's tree to Building Inspection, 608-266-4551 or binspection@cityofmadison.com; the City doesn't work on private trees.(City of Madison) Building Inspection can order it removed.(MGO 27.05)
• Branches over a sidewalk in Madison must be at least 7 feet up, or 12 feet over arterial streets and bus routes.(MGO 27.05)
• A tree down across the street or on power lines: call 911 or Dane County Dispatch at 608-255-2345; trees on lines go to MG&E.(City of Madison)

Spite Fences and Hedges

Wisconsin has a spite fence law. A fence, hedge or similar structure that's unnecessarily more than 6 feet tall and put up or kept up maliciously to annoy the neighbors is a private nuisance.(Wis. Stat. 844.10) Hedges are named in the statute, so a row of trees grown as a wall can qualify.(Wis. Stat. 844.10) A Wisconsin appeals court has held that a fence under 6 feet can still be a nuisance.(Schultz v. Trascher, 2002 WI App 4) Town height limits for fences are on the fence rules by town.

If It Goes to Court

Most tree damage claims against a neighbor are tort claims, and Wisconsin small claims court takes those only up to $5,000.(Wis. Stat. 799.01) The higher small claims limit, $10,000, is for other money claims, and it rises to $15,000 on January 1, 2027.(Wis. Stat. 799.01) Above the limit, the case goes to regular circuit court. Small claims in Dane County walks through filing.

Madison Terrace Trees

• They're the City's. Urban Forestry plants, cares for and removes all public trees, and maintaining street trees is the City's job.(MGO 10.10) A tree in the terrace (usually between the sidewalk and street) is a City tree; a tree in your yard is yours.(City of Madison)
• Report problems and crews respond; you don't hire anyone.(City of Madison) Urban Forestry: 608-266-4816, forestry@cityofmadison.com, weekdays 7 a.m. to 3 p.m.(City of Madison)
• Permit to prune or remove one yourself: $50, with a Board of Public Works hearing; removal also needs a tree replacement plan by a certified arborist.(MGO 10.101) Removing one without a permit costs $150 per inch of trunk diameter, on top of a $25 to $500 daily fine.(MGO 10.101)
• Planting: trees and shrubs in the terrace need a Board of Public Works permit.(MGO 23.22) You can plant flowers there without one, but no shrubs over 24 inches or within 24 inches of the curb.(MGO 10.25)
• Replacement is free. When a diseased or destroyed street tree is replaced, the cost isn't assessed to you.(MGO 10.10)

Oaks: When Not to Prune

Oak wilt spreads most easily in spring and early summer. DNR puts the highest risk at April through July, and says to seal any oak wound made then right away.(Wisconsin DNR) Madison is stricter: work on any oak in the city, private trees included, needs a free permit from Urban Forestry from April 1 to October 15.(City of Madison) Breaking the rule can cost up to $500 a day.(MGO 23.40) DNR suggests checking for local oak wilt rules wherever you live.(Wisconsin DNR) The lawn and yard calendar flags the pruning window each month.

Questions

Can I cut my neighbor's tree branches that hang over my property in Wisconsin?

Wisconsin has no statute on trimming a neighbor's overhanging branches, and we found no Wisconsin appellate decision on it. State law does treat encroachments, including ones above the ground, as an injury an owner can sue to stop. Cutting a neighbor's tree without consent can cost multiple damages under Wis. Stat. 26.09, so talk first, keep any cutting on your side of the line, and get advice before doing anything that could kill the tree.

Who pays if a neighbor's tree falls on my house in Wisconsin?

No Wisconsin statute answers it directly. The Wisconsin Supreme Court has held a landowner liable for a tree nuisance when the owner knew or should have known about the problem and didn't fix it. A healthy tree that falls in a storm is usually an insurance question.

What if my neighbor cut down my tree?

Under Wis. Stat. 26.09 you can sue for damages. The amount depends on how careful they were: one times stumpage value if they relied on a recorded survey, two times if they took reasonable care to find the line, and four times stumpage or two times market value if they didn't, plus cleanup, replanting and boundary costs.

Who owns the trees between the sidewalk and the street in Madison?

The City. Madison's Urban Forestry plants and maintains terrace trees, and you need a permit to prune, remove or plant one. Call Urban Forestry at 608-266-4816.

Related Guides

• Property Lines
• Neighbor Water Runoff
• Yard and Neighbor Rules by Town
• Lawn and Yard Calendar
• Burning, Fire Pits and Fireworks