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HRS §708-804

When you can enter a neighbor's land to cut albizia trees

This law lets a property owner or their agent enter an empty neighboring property to control albizia trees, but only after following strict steps. You must get an arborist's advice, try to contact the owner, and give written notice. If you follow the law, you have a defense against trespassing charges.

contractorshomeownerslandlordslandownersreal estate agentstenants

The statute, as written — Control of albizia trees on private property

(a) An owner of real property or the owner's agent shall be authorized to enter vacant real property that is privately owned and directly adjacent to the entering owner's property to control one or more albizia trees located on the adjacent property; provided that the entering owner: (1) Has consulted with a tree risk assessment qualification certified arborist to confirm that the albizia trees on the adjacent property: (A) Create a condition that could become hazardous to the entering owner's property or persons thereupon if left untreated; and (B) May be felled and removed or otherwise treated according to current established methods that minimize risk to human health and safety, and without damaging any structure, utility pole, or utility line; (2) Has unsuccessfully made two or more reasonable attempts within the previous thirty days to contact the owner of record of the adjacent property via telephone or registered mail; and (3) Has given written notice to the adjacent property owner prior to accessing the adjacent property, to prevent the property from mistakenly being determined vacant where the land is not in production because it is, for example, resting pasture land at the intended time of entry. (b) It shall be a defense to citation or prosecution under sections 708-814, 708-815, 708-820, 708-821, 708-822, 708-823, and 708-823.5 that the entering property owner or agent entered an adjacent property for the purposes of and in compliance with this section. (c) As used in this section: "Albizia tree" means any tree of the species Falcataria moluccana or Albizia chinensis . "Vacant" means improved or unimproved but having no reasonable indication of use or maintenance for one year or more.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§708-814 When being on someone else's property becomes a crime

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.