Can You Remove Commercial Property Encroachments On Your Own? 

07/21/2026 11:07 AM       Mark Goodman

If you own commercial property and have neighbors on all sides, there’s a chance that something of theirs will encroach onto your property. Typically it’s something like a tree branch or similar type of plant overgrowth, but you may also find that a fence or a structure is actually on your property. If you discover this, can you simply remove the encroachment yourself? In today’s blog, we take a closer look at commercial property encroachment law in Minnesota. 

If you believe that a tree branch or a neighbor’s structure is actually on your property, here’s what we recommend to ensure a satisfying resolution. 

1. Confirm Your Suspicions - Confirm that the structure is actually on your property. You may assume that something is encroaching on your property simply because you maintain or mow the area, but confirm with a boundary survey or property records that the neighbor’s structure is actually encroaching onto your land. 

2. Talk With Your Neighbor - It’s typically in your best interest to have a conversation with your neighbor about the issue before you go about rectifying it. Perhaps they are not aware of the issue or will offer to take care of it on their own now that you’ve brought it to their attention. You may not be legally required to notify them before addressing the encroachment, but it’s wise to at least bring your concerns up to your neighbor and inform them of your plans for addressing it. It may also be wise to write down facts about this conversation if you have any reason to believe they may take issue with your attempt to resolve the encroachment. 

3. Address The Issue - Once you’ve taken the above steps and confirmed you are correct in your assessment, you can take corrective action. That said, you don’t have authorization to handle the issue in any manner possible. For example, you usually can’t cut down an entire tree just because a few branches are hanging over your fence. You also typically can’t go on a neighbor’s property to fix the encroachment without their permission. For plant or tree overgrowth, you are only allowed to trim what’s on your side of the property, being careful not to remove branches on your neighbor’s side, and you also need to properly dispose of any trimmed material.  

4. Hire A Professional - If you’re worried about correcting the encroachment yourself, you can hire a professional or potentially contact the city to see if they will fix it free of charge. For example, if a neighbor’s trees are encroaching on your property and are near power lines, the city may want to ensure the trimming is done safely and without damaging infrastructure. A hired professional can ensure the encroachment is correctly resolved, but you’ll incur additional costs. That earlier conversation with a neighbor can ensure both parties come to an understanding about who pays these costs should it need to be professionally removed. 

You can usually handle encroachments on your commercial property on your own once you’ve confirmed you are right about their existence, but following the above steps can help protect you if your neighbor doesn’t see eye to eye with your assessment. Discovering these potential issues prior to purchasing your commercial property can prevent problems down the road, and that’s where we come in. Let the team at Commercial Partners investigate your property before you close so that any encroachments are rectified before you close. 

For more information, or for help with a different aspect of commercial property acquisition, reach out to the team at Commercial Partners today at (612) 337-2470.