Neighbor's tree on the property line: what Oklahoma law says
Who owns the tree, who can cut it, and who pays depends mostly on where the trunk stands. This is general information from Oklahoma statutes and court cases, not legal advice.
Who owns the tree
Under Oklahoma law, a tree whose trunk stands wholly on one person's land belongs to that owner, even if its roots or branches reach the neighbor (60 O.S. section 67). When the trunk stands on the line, the Oklahoma Supreme Court has treated the tree as owned in common by both neighbors (Higdon v. Henderson, 1956 OK 296). In practice, that means one neighbor should not take down a line tree without the other's agreement.
Branches and roots that cross over
In Mead v. Vincent, the Oklahoma Supreme Court said a landowner may cut branches and roots that cross onto their property, at the property line. If the encroachment causes real damage, the owner can also sue for damages and to stop the nuisance (Mead v. Vincent, Oklahoma Supreme Court, 1947). Cutting at the line is not the same as cutting the whole tree; trimming that kills the tree can still cause trouble.
Cutting a tree that is not yours
Oklahoma has a civil statute on wrongful injury to trees, 23 O.S. section 72, and a criminal one, 21 O.S. section 1768 (FindLaw: Oklahoma property line and fence laws). Confirm the line before anyone cuts: a survey or your plat is cheaper than a dispute.
Who pays
If the trunk is wholly on the neighbor's land, it is their tree, so removal is their decision and usually their bill; your own trimming at the line is yours to pay for. For a line tree, both owners share it, so a written split of the cost is the cleanest route (Higdon v. Henderson, 1956 OK 296; 60 O.S. section 67).
Practical steps
- Find the line on your plat or a survey.
- Talk to the neighbor first and put any agreement in writing.
- Get a written quote that names whose land the crew will work from.
- Near utility lines, read power lines first; check city rules too.
Checked Nov 2, 2026.