Colorado Tree Law: Who Owns That Tree?

What Denver Homeowners Should Know About Property Lines, Neighboring Trees, and Right-of-Way Maintenance

If you’ve ever wondered whether you can trim your neighbor’s tree that's hanging over your fence—or who’s responsible for the big old tree in the strip between the sidewalk and the street—you’re not alone.

At Colorado Premier Tree Care, we often hear from Denver homeowners trying to navigate tree ownership and responsibility. Here’s a practical overview of Colorado’s tree laws and how they apply to residential and urban properties in the Denver Metro area.

Who Owns a Tree That Sits on the Property Line?

In Colorado, the rule is fairly clear:A tree belongs to the property owner on whose land the trunk stands. If the trunk is fully on your neighbor’s side, they own it, even if the branches or roots extend into your yard.

What If the Tree Straddles the Property Line?

If the trunk sits directly on the boundary line, it’s considered a “boundary tree” and is jointly owned by both neighbors. Any decisions about removal or major pruning must be agreed upon by both property owners.

⚠️ Do not remove or significantly alter a boundary tree without your neighbor’s written consent—you could be held legally responsible for damages.

Can You Trim Your Neighbor’s Tree That Grows Into Your Yard?

Yes—but with limits.

You have the legal right to prune branches or roots from a neighbor’s tree that cross into your property, as long as:

• You do not trespass onto their property to do it

• The pruning does not harm the overall health of the tree

• The work is done safely and professionally

If improper pruning damages or kills the tree, you could be held liable for the cost of removal or even replacement value—especially if it’s a high-value or protected species.

🪓 Our advice: Always consult with an ISA Certified Arborist before cutting a neighbor’s tree.

Who Owns the Tree in the “Hell Strip”?

(That narrow area between the sidewalk and the street)

In Denver, these strips are known as the public right-of-way, but the trees growing in them are usually maintained by the adjacent property owner—that means you.

• The City of Denver owns the land, but you are responsible for care and maintenance of the tree.

• Any major work, such as pruning or removal, typically requires a permit from Denver Forestry.

• You cannot remove or plant a tree in the right-of-way without city approval.

🌳 This is why you’ll often see city-tagged trees or city crews maintaining trees on residential streets—they are managing the public inventory.

What Happens if a Neighbor’s Tree Damages Your Property?

If a healthy tree drops a limb during a storm, and that limb damages your property (fence, roof, etc.), you generally have to file a claim through your own homeowners insurance.

However, if the tree was dead, dying, or clearly hazardous, and your neighbor ignored the issue, they may be liable.

That’s why it’s important to:

• Document any concerns you’ve shared with your neighbor

• Request an arborist’s inspection for hazardous trees

• Keep communication civil and written whenever possible

Colorado Tree Law in a Nutshell

Situation	Who's Responsible?
Tree fully on neighbor’s property but hanging into your yard	You may prune up to the property line at your expense (without damaging the tree)
Tree trunk on the property line	Joint ownership—both parties must agree on major decisions
Tree in city right-of-way (hell strip)	You maintain it; City of Denver owns it and permits are required for major work
Tree damage during storm	Your insurance pays, unless tree was clearly neglected or hazardous
Planting or removing right-of-way tree	Requires permit and approved species list from Denver Forestry

Need Help with a Boundary Tree or Right-of-Way Tree?

Our ISA Certified Arborists at Colorado Premier Tree Care can:

• Identify tree ownership and boundary issues

• Provide written tree risk assessments

• Handle city permitting for right-of-way tree work

• Safely prune or remove trees according to city code and arboricultural standards

Whether you’re dealing with a tricky tree law situation or just want peace of mind, we’re here to help.

📞 Call: [720-990-7004]🌐 Visit: [coloradopremiertreecare.org]📧 Email: [experts@coloradopremiertreecare.org]