Whose Tree Is It? Property Lines, Branches, and Power Lines in Michigan

If the trunk straddles the property line, the widely followed rule is that both neighbors own it together, as tenants in common — and neither one can remove or destroy it without the other's consent.

We should be straight about the strength of that rule in Michigan specifically. There is no Michigan statute on boundary trees, and no published Michigan appellate decision stating the rule outright. It is the standard position across American property law and it is what Michigan attorneys generally advise, but it is not settled Michigan case law the way people sometimes claim online.

What that uncertainty should tell you is practical rather than legal: get written consent before touching a line tree. If you are right about ownership, the consent costs you nothing. If you are wrong, the statute in the next section is waiting.

One clarifying note — it is the trunk that decides, not the roots or the canopy. Roots and branches cross property lines constantly and that alone does not create shared ownership.

You can generally trim branches that hang over your property line. This is the self-help rule, and Michigan attorneys consistently state it.

The limits are where people get in trouble.

You can cut to the property line, not past it. Reaching across, or standing on your neighbor's ground to make the cut, is trespass regardless of where the branch started.

And you cannot kill the tree in the process. This is the one that surprises homeowners. A neighbor who is technically within their rights to trim an overhang can still be liable if the trimming was severe enough to disfigure or kill the tree. “It was on my side” is not a defense to destroying someone else's tree.

Practically: if the overhang is small and low, trimming to the line is usually uncontroversial. If it is a large limb, or the cut would take a meaningful share of the canopy, talk to the neighbor first and have the work done properly. A conversation is cheaper than the alternative.

Michigan has a statute specifically on this, and it has teeth.

Under MCL 600.2919, a person who cuts down or carries off trees on someone else's land without permission is liable to the landowner for three times the actual damages. There are exceptions — the court can award single damages instead if the trespass was casual and involuntary, or if the person had probable cause to believe the land was their own.

The reason this gets expensive is how Michigan measures the damage. In Schankin v Buskirk, the Michigan Supreme Court held that damages for ornamental and shade trees are not limited to the drop in land value or the timber value. A jury may consider the value of the trees themselves to the use of the land, including the cost of replacement or restoration. In that case six trees worth about $25 as timber produced a $900 award. Apply replacement cost to a mature shade tree today, then triple it.

There is a criminal side too. MCL 750.382 makes malicious destruction of trees and shrubs an offense scaled by value — and once the value reaches $1,000, it is a felony.

None of this is meant to be alarming. It is meant to explain why “I'll just take it down and apologize later” is a genuinely bad plan in Michigan, and why reputable tree companies ask about property lines before quoting.

The instinct is that the tree's owner should pay. Usually that is not how it works.

Damage to your house is claimed on your own homeowners policy, regardless of whose tree it was. Your insurer may then pursue the neighbor's insurer — that is called subrogation, and the Insurance Information Institute notes it is more likely when the tree was in poor health or was not properly maintained. If subrogation succeeds, you can get your deductible back.

Which points to the one thing that changes the analysis: documented prior notice. A healthy tree that comes down in a storm is generally treated as nobody's fault. A visibly dead tree that the owner was told about, in writing, and did nothing about, is a different conversation.

So if your neighbor has a dead tree leaning your way, the useful step is not an argument. It is a dated letter, photographs, and ideally an arborist's written assessment. That paper trail is what an insurer will want later, and it often gets the tree taken down before it falls, which is the better outcome for everyone.

That strip is usually city right-of-way, and the trees in it are usually the city's — not yours, even though you mow around them.

In Livonia, the Forestry division maintains right-of-way trees on a routine cycle of roughly six to seven years, plus maintenance trims on request. You can reach Public Services at 734-466-2655.

The important part: a permit is required for any tree work on a city right-of-way tree. For residents it is free. For contractors there is a fee. Either way, taking down a street tree because it is dropping seeds on your driveway is not a decision that is yours to make.

If you are not sure whether a tree is yours or the city's, ask before you schedule work. We do this routinely and it takes one phone call.

DTE trims vegetation around the pole-to-pole distribution lines running down your street, at no cost to you. DTE trims more than 5,500 miles of line a year and considers trees the number one cause of outages on its system.

The service drop is different. That is the line from the pole to your house, and DTE states clearly that it does not trim around it. That one is yours, and DTE specifically recommends hiring a professional tree service rather than doing it yourself. Consumers Energy draws the same line for its customers, and will arrange a temporary disconnect so a contractor can work safely.

Do not attempt this yourself. A branch touching an energized service drop is not a ladder-and-pole-saw job.

Nearly every expensive tree dispute we have seen started with someone who was sure they knew where the line was.

If you are not certain who owns a tree, we will walk the property with you, tell you what we can see, and tell you when the answer needs a survey or a call to the city instead of a chainsaw. Estimates are free. Call (734) 788-8822.

This article is general information about how these situations usually work in Michigan. It is not legal advice, and property disputes turn on specific facts — talk to a Michigan attorney before acting on a contested tree.