Branches of a tree belonging to a landowner or occupier overhang the land of an adjoining owner or occupier the owner of the encroached upon land may cut off the parts which overhang. This is subject to any controlling authority’s preservation rule or order. Although not certain, the cut off branches belong to the tree owner and therefore, cannot be sold or disposed of by the owner of the encroached upon land.
Although not certain, it would appear that encroaching tree roots can be treated in the same manner as for overhanging branches. There is an alternative view that damage or actual inconvenience must be proved and an injunction sought or damages claimed.