Lindsay DeFranco recently woke up to a nightmare. The Georgia woman and wife of YouTube star Philip DeFranco found that nearly all of the trees between the couple’s backyard and a neighbor’s were gone.
“Complete and total destruction,” she said in a TikTok video posted Nov. 19 that has been viewed over three million times. (1) “The privacy is all gone.”
DeFranco explained her neighbor previously approached the household with plans to extend his backyard and fill a retention pond, a project that could require removing a number of trees, including some on DeFranco’s property.
“We told him that we want to be able to maintain our privacy. We do not want all of these trees cut down,” DeFranco said. “He agreed. He said, ‘OK, here’s what we’ll do. We will mark the trees that we will want to cut down, and we’ll let you know before we do that.’ We said, ‘Fine, it will just be a couple trees?’ And he said, ‘Yes, it will just be a couple trees.’”
But it was more than just “a couple trees.” About a year later, DeFranco said she woke up to find nearly every tree had been removed — she estimated it was “over 100” — leaving her backyard exposed. Despite being asked for approval to begin work on the retention pond, she insisted the neighbors had not provided notice about plans to cut any of her trees.
DeFranco shared before-and-after images of the destruction. Her video quickly went viral, with comments flooding in, many referencing “tree law” — a niche but potentially costly area of property law.
So, how might tree law apply in this instance?
What's the deal with tree law?
Tree law is a broad term used to describe state and local laws that govern who owns a tree — and what happens when someone removes one they don’t have the right to cut down.
Those penalties can be severe. Many states impose steep financial consequences for unauthorized tree removal, particularly when mature trees are involved.
In Georgia, a person may be liable if a tree on somebody else’s property is cut, damaged or removed, whether on purpose or by mistake. The property owners may be entitled to three times the value of the tree, plus the cost to restore the land, attorney’s fees and — depending on the circumstances — punitive damages, according to Attorney Robert Cairns. (2) Only an arborist can determine the value of any harmed trees.
It’s unknown exactly how many trees were lost — the stumps were removed as well — or their age and type, but if DeFranco’s estimate is correct, any potential fees could add up fast.
In a follow-up video, DeFranco said she’s been in contact with her HOA and is exploring her legal options. (3)
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How tree law applies to you
Cases like DeFranco’s highlight why tree disputes can escalate quickly, and why homeowners should know where they stand before a problem arises. Here’s what to keep in mind:
How to confirm whether a tree is legally yours
Ownership typically depends on where the trunk sits — not the branches or roots. If a trunk is entirely on your property, the tree is typically yours. If it straddles a property line, it may be considered a boundary tree, meaning neither neighbor can remove it without consent from the other. Check your state laws for more clarity.
What to do immediately after unauthorized removal
If someone removes your tree, document everything as soon as possible. Take photos and video, preserve any correspondence and request a land survey if boundaries are unclear. Contact local authorities and consult an attorney experienced in property or arbor law.
What compensation you may be entitled to
Damages can go beyond the cost of saplings. Courts may award the replacement value of similar-sized trees, land restoration costs, attorney’s fees and damages for willful removal. A local attorney can help you determine the rules in your jurisdiction.
How to avoid disputes before they start
Clear surveys, documented property boundaries, written agreements and HOA involvement can prevent misunderstandings from turning into expensive legal battles. Verbal promises aren’t enough when property lines — and potentially thousands of dollars — are at stake.
For many homeowners following DeFranco’s story, the takeaway is simple: when it comes to trees, assumptions can be costly, so it’s best you familiarize yourself with local laws before taking any action.
Article sources
We rely only on vetted sources and credible third-party reporting. For details, see our editorial ethics and guidelines.
@linzdefranco (1), (3); Attorney Robert Cairns (2)
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Danielle is a personal finance writer whose work has appeared in publications including Motley Fool and Business Insider. She believes financial literacy key to helping people build a life they love. She’s especially passionate about helping families and kids learn smart money habits early.
