Can you cut your neighbor’s tree branches if they are in your yard? What MA law says

Fences may make good neighbors, but not every privacy plant does.

You know the plants – the blackberry or raspberry sending canes into your yard with leaves reaching over the fence, the lilac, that while pretty for a few weeks in the spring, is otherwise running amok, a tree branch that is causing too much shade and makes you nervous.

These plants can cause neighborly disputes, so can you just trim it back to the property line? Here’s what to know in Massachusetts, according to court cases and the MA general laws.

Can you trim a tree branch crossing into your yard?

You can cut branches that overhang into your yard in Massachusetts.

The Massachusetts Supreme Judicial Court has decided that owners can take action if their neighbor’s tree crosses their property boundary.

That means if a tree’s roots, stem, branches or other parts interfere with or hurt your property in some way, you are allowed to cut them back as long as you don’t damage the health of the tree.

“Property rights in Massachusetts are paramount,” said a law office linked by the state.

However, it’s illegal to deliberately damage a tree not on your property.

Can you pick fruit off a branch that overhangs into your yard?

Maybe you aren’t interested in cutting the raspberry bush back, but would like to pick a few berries off it in the springtime.

However, Massachusetts law prohibits carrying away “nuts, berries, grapes or fruit of any kind” that is “standing or growing on the land of another” without the owner’s permission. This is true if the tree is overhanging the sidewalk, too.

The law, which includes willfully cutting down or destroying timber, wood, and shrubs, or carrying away wood, stone, or turf, considers this is a crime against property.

More: Helping yourself or stealing? What MA law says about picking your neighbor’s fruit

The punishment for taking fruit or nuts on someone else’s property is up to six months in prison or a fine of up to $500.

So if you’re looking to pick some berries, you should go to a pick-your-own farm or try your hand at foraging, which is generally allowed in Massachusetts.

“Nothing in 321 CMR 3.01(1)(f) shall be construed to prohibit the harvesting for personal consumption of edible wild fruits, berries, fungi, or nuts,” reads the law.

Picking fruit from “public trees,” or trees growing on public land, is also usually permitted.

This article originally appeared on Telegram & Gazette: Can you cut your neighbor’s tree branches? Here are the rules in MA

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