November 3, 2025
Trees add beauty and shade to Mississippi neighborhoods, but when a tree becomes hazardous, it can quickly turn into a serious safety and legal concern. Overhanging limbs, leaning trunks, or decayed trees near property lines often lead to disputes between neighbors. If you are worried about a dangerous tree on your neighbor’s property, it is important to understand your rights, responsibilities, and the legal steps you can take under Mississippi law.
This guide will cover:
- How to identify a dangerous tree
- What Mississippi laws say about tree disputes
- Steps to take before involving legal authorities
- Who is responsible for the damages if the tree falls
- Preventive solutions and when to call professionals
- Insurance coverage for tree-related damage
- How local Mississippi communities handle tree safety
Understanding What Makes a Tree Dangerous
Not every tree that looks big or old is hazardous. In legal and arborist terms, a tree is considered dangerous if it poses a significant risk of falling or dropping large limbs that could cause injury or property damage. Common signs include:
- Large cracks in the trunk
- Dead or hanging branches
- Leaning significantly toward a structure or driveway
- Root damage or uprooting
- Decay, fungus, or hollowing at the base
- Limbs interfering with power lines
If you notice these warning signs on your neighbor’s tree, it may be time to take action.
Mississippi Property and Tree Laws
Mississippi law follows the common law rule regarding trees and property lines. Here are key legal points to understand:
1. Right to Self-Help
You have the legal right to trim branches, roots, or limbs of your neighbor’s tree that extend over your property line. However, you must do so carefully:
- Trimming must be done from your side only
- Work must not cause serious harm to the overall health of the tree
- You cannot go onto your neighbor’s property without permission
2. Property Damage Liability
If your neighbor’s tree is healthy but falls during a storm, it is generally considered an act of God in Mississippi. In that case, you are responsible for your own cleanup and insurance claims.
If, however, the tree was visibly dead, decayed, or hazardous, and your neighbor ignored the problem, then they may be legally liable for damages. Court decisions often depend on the evidence of negligence, which is why documentation and prior notice are crucial. Liability outcomes can vary depending on circumstances, so each case may be interpreted differently by the courts.
3. Nuisance Law
Under Mississippi nuisance law, if a tree poses a foreseeable danger to neighboring property, the property owner can be held responsible. This applies especially if complaints or notices were made before the damage occurred.
4. Boundary Line Disputes
If a tree trunk sits directly on the property line, it is considered jointly owned. Both neighbors must agree on removal or major trimming.
Steps to Take if You Notice a Dangerous Neighbor’s Tree
Before rushing into legal action, there are practical steps you can take to resolve the situation peacefully.
Step 1: Document the Hazard
Take clear photos or videos of the dangerous tree. Capture visible damage, leaning, or overhanging branches. Keep records of the dates and any issues caused (such as fallen twigs or minor limb drops).
Step 2: Communicate with Your Neighbor
Many tree disputes can be solved with a polite conversation. Inform your neighbor about the risks you have noticed. They may not be aware of the condition of the tree. Be respectful and suggest solutions, such as hiring a local tree care professional to inspect it.
Step 3: Send a Written Notice
If verbal communication does not lead to action, consider writing a formal letter. Outline your concerns, include photos, and request that they address the hazard. Keep a copy of the letter for your records. Allow a reasonable response time, typically 14 to 30 days, before escalating further.
Step 4: Contact Local Authorities
In cases where the tree threatens public safety (such as leaning into a roadway or power lines), you may contact your city or county code enforcement office or your utility company. Mississippi Power, for example, has a vegetation management program that allows them to clear trees near power lines to protect public safety.
Step 5: Consult a Lawyer
If the neighbor refuses to take responsibility and the hazard remains, consult with a Mississippi property lawyer. They can help you understand liability, file a nuisance claim, or send a legal notice.
Who Pays if the Tree Falls?
Mississippi courts make a distinction between healthy trees and neglected hazardous trees:
- Healthy Tree Falling: If a strong storm causes a healthy tree to fall on your property, your own homeowner’s insurance usually covers the damage.
- Negligent Owner Liability: If the tree was clearly dead, diseased, or hazardous, and your neighbor did nothing after being notified, they may be held liable for repair costs, cleanup, and even injury claims.
This is why documentation and prior communication are essential.
Preventive Solutions
Mediation Services
If the dispute escalates, consider using a mediation service. Local mediation programs in Mississippi can often be found through community centers, county courts, or private mediation services. Mediation encourages open dialogue, can preserve neighborly relationships, and typically resolves disputes faster and with less cost than going to court. Homeowners can check with their county chancery court or local bar association for available mediation options.
Tree Removal and Trimming Services
Hiring a licensed tree service company ensures hazardous branches or entire trees are removed safely and according to ANSI safety standards. In Tupelo and surrounding Mississippi communities, Garrison McKinney Tree Service offers professional tree inspections, pruning, and removals to protect both homes and property.
Insurance Coverage for Tree-Related Damage
Homeowner’s insurance policies often cover damage from fallen trees, but coverage depends on the cause of the fall. In Mississippi:
- Storm-related tree falls are usually covered by your own insurance
- Damage from neglected, hazardous trees may fall under your neighbor’s liability
- Detached structures like sheds and fences may be subject to separate coverage limits
Always review your policy and document the incident thoroughly to support any claim.
Local Mississippi Tree Safety and Community Rules
Different cities and counties in Mississippi may have local ordinances governing tree maintenance, removal, and public safety. For example:
- Some municipalities require permits before removing large trees
- Utility companies may trim trees interfering with power lines without homeowner approval
- County code enforcement can issue warnings or fines if a dangerous tree threatens public safety
Checking local rules ensures you follow the correct legal process and avoid unnecessary fines. The Mississippi Forestry Commission also publishes a Mississippi Tree Law booklet that provides official guidance for property owners.
Safety Tips for Homeowners
- Avoid attempting to remove large limbs or felling hazardous trees on your own
- Stay clear of leaning trees during storms or high winds
- Call professionals if a tree is near power lines or structures
- Always wear protective equipment if performing light trimming on your property
Key Takeaways for Mississippi Homeowners
- You can trim branches overhanging your property, but not beyond the property line.
- A neighbor is not automatically liable if a healthy tree falls due to a storm.
- A neighbor can be liable if they ignore a clearly hazardous tree.
- Always document hazards and communicate before taking legal steps.
- Allow a reasonable response time after written notice before escalation.
- Mediation services may resolve disputes faster and preserve relationships.
- Consult local authorities or legal experts if the danger is severe.
- Check your insurance policy to understand coverage for tree-related incidents.
- Be aware of city or county tree ordinances in Mississippi.
- Stay safe and call professionals when dealing with hazardous trees.
Frequently Asked Questions
Can I sue my neighbor if their tree damages my fence?
Yes, you may be able to sue if the damage was caused by a tree your neighbor knew was hazardous and failed to address. However, if the tree was healthy and fell during a storm, it is usually considered an act of God and your own insurance would apply.
Am I allowed to cut down my neighbor’s tree if it is dangerous?
No, you cannot remove your neighbor’s tree without permission. You only have the right to trim branches or roots that cross onto your property line, and you must do so without harming the tree.
What should I do if my neighbor refuses to act after I send them a notice?
If your neighbor ignores your written notice and the tree remains dangerous, your next steps may include contacting local authorities or consulting with a lawyer about filing a nuisance claim.
Will my insurance cover damage if a tree falls on my car?
Yes, in many cases, comprehensive auto insurance covers damage from falling trees. Check your policy details and file a claim promptly with photo documentation.
How do I find local tree laws in my city or county?
You can contact your city code enforcement office or county government for details on tree ordinances. The Mississippi Forestry Commission also provides a Mississippi Tree Law booklet with statewide guidance.
Final Thoughts
Dealing with a neighbor’s dangerous tree can be stressful, but understanding Mississippi law helps protect both your property and your rights. By documenting issues, communicating respectfully, and knowing when to involve professionals, you can resolve most disputes without escalating into costly legal battles.
If you need an expert tree inspection or safe removal in Tupelo or the surrounding areas, Garrison McKinney Tree Service is here to help. With years of hands-on experience, we provide safe, reliable solutions. Call today to schedule a free consultation and protect your property.
