Roanoke Tree Removal is a local referral service: we pass your request to an independent, local tree crew. We are not a contractor, a law firm or a government office. This page is general information, not legal advice; for a dispute, talk to a Virginia attorney.
The rule from Fancher v. Fagella
In 2007 the Supreme Court of Virginia held that encroaching trees are not nuisances just because they cast shade, drop leaves, flowers or fruit, or cross the line. They can be a nuisance when they cause actual harm or pose an imminent danger of actual harm to the neighbor's property.
Self-help to the line
The court kept the existing rule that a neighbor may, at his or her own expense, cut away encroaching branches and roots to the property line, whether or not they cause harm. That right stops at the line: it doesn't let you enter the neighbor's land or remove the tree.
When the owner may have to act
If an encroaching tree is a nuisance, the court said its owner may be responsible for the harm and may be required to cut back the branches or roots. In Fancher, the court sent the case back so the trial court could weigh an injunction to remove a tree whose roots were damaging a wall, patio, pipes and foundation.
Don't cut the neighbor's tree down
Virginia Code § 55.1-2836 makes anyone who cuts or removes timber or trees from another's land without permission, or who directs it, liable for three times the value of the timber on the stump, plus reforestation costs up to $450 per acre, valuation costs, legal costs and reasonable attorney fees.
Know where the line is
Fences aren't always on the boundary. A survey or recorded plat settles it before a crew starts cutting.
Trimming without killing the tree
Heavy root cutting or one-sided pruning can make a tree unstable and push risk back toward you. Ask an arborist how much can come off safely; see risk assessment.
Start with a conversation
A letter with photos, then a shared quote, settles most disputes faster than court.
Insurance is a separate question from legal liability. Our fallen tree insurance guide covers what policies usually pay.
Get a tree looked at
Call (540) 904-1819 or use the form. Photos of the tree, the property line and anything underneath help the crew plan.
Sources
- Fancher v. Fagella, 274 Va. 549 (2007), Supreme Court of Virginia (Checked Oct 11, 2026)
- Code of Virginia § 55.1-2836 (Checked Oct 11, 2026)
Common questions
Can I cut my neighbor's tree branches in Virginia?
Yes, to the property line and at your own expense, under the rule the Supreme Court of Virginia kept in Fancher v. Fagella (2007).
When is a neighbor's tree a nuisance in Virginia?
When it causes actual harm or poses an imminent danger of actual harm to your property, not just shade, leaves or overhang.
What happens if someone cuts down my tree in Virginia?
Virginia Code § 55.1-2836 allows three times the timber's stump value plus certain costs and attorney fees.
Can I make my neighbor remove a tree?
A court can order relief if the tree is a nuisance; in Fancher the court allowed an injunction to be considered.