Who is Responsible for Tree Removal? A Guide for Homeowners and Landlords

The question of "who is responsible?" is the cornerstone of most tree-related disputes. While the location of the trunk is the primary rule for property lines, other situations can be much less clear. Whether you're a homeowner, renter, or landlord, understanding your legal responsibilities is crucial before you hire a crew or write a check.

This guide goes beyond the property line to explore the common scenarios that determine who has to foot the bill for tree removal.

The Fundamental Principle: Ownership = Responsibility

In almost all cases, the person or entity that owns the land where the tree is growing is responsible for the tree. This includes its maintenance, its health, and the cost of its removal if it becomes necessary. This seems simple, but ownership can be ambiguous.

Scenario 1: The Tree is on Your Property

If the tree's trunk is entirely on your property, you are the clear owner. You are responsible for:

• Healthy Tree Maintenance: Regular trimming and care.

• Preventative Removal: If the tree is dead, diseased, or poses a hazard, it is your financial and legal responsibility to address it.

• Liability: If your tree (or a part of it) falls and causes damage to someone else's property, you could be held liable if it can be proven you were negligent (e.g., you knew it was dead and did nothing).

Scenario 2: The Tree is on Rental Property

This is a common point of confusion between tenants and landlords.

• Tenant's Responsibility: Typically, a tenant is only responsible for yard maintenance as outlined in the lease agreement (e.g., mowing the lawn, raking leaves). Tenants are almost never responsible for the health, removal, or major maintenance of trees. If a tree is dangerous, the tenant's responsibility is to notify the landlord or property manager immediately in writing.

• Landlord's Responsibility: The property owner is responsible for all tree care, including removal of hazardous trees. This is part of their duty to provide a safe premises. Landlords must address issues that pose a threat to the tenant's safety or the property's structure.

(Image Suggestion: Place here)Description: A two-panel illustration. Left panel: A tenant on the phone, reporting a problem tree to a landlord. Right panel: A landlord reviewing a quote from a tree service company.Alt Text: Tenant and landlord responsibilities for tree care.

Scenario 3: The Tree is on Public Land

Trees growing in public spaces like parks, along streets, or in the "tree lawn" between the sidewalk and the street are usually the responsibility of the municipal government (e.g., the city's forestry or public works department).

• If a city-owned tree is dead, damaged, or hazardous: You must report it to your local municipality. They will send an arborist to assess it and add it to a removal schedule if needed.

• If a city-owned tree falls: The city is generally responsible for cleanup and removal from public areas. If it falls on your private property, the rules are similar to a neighbor's tree: your insurance handles the damage to your property, and the city would only be liable if you can prove they were negligent in maintaining a known hazard.

Scenario 4: The Tree is Governed by an HOA

Homeowners' Associations (HOAs) often have rules governing landscaping, including trees.

• Check Your CCRs: The Covenants, Conditions, and Restrictions (CCRs) document will specify what the HOA is responsible for (often common areas and greenbelts) and what the homeowner is responsible for (typically their own private yard).

• HOA-Ordered Removal: Sometimes an HOA may force a homeowner to remove a tree that violates community rules (e.g., it's dead, unsightly, or blocking a view). In this case, the homeowner is usually responsible for the cost unless the HOA's rules state otherwise.

How to Determine Responsibility: A Step-by-Step Guide

1. Identify Ownership: If it's not obvious, a property survey is the only way to be 100% certain where the property line lies.

2. Review Governing Documents: For renters, review your lease. For homeowners in an HOA, review the CCRs.

3. Notify the Responsible Party: Once you've identified who is responsible, notify them in writing (email is best for a paper trail). For public trees, use your city's official request portal or phone number.

4. Get Everything in Writing: If you agree to share costs with a neighbor or your HOA is involved, get the agreement in writing to avoid future disputes.

Understanding who is responsible from the outset prevents conflicts and ensures the right party addresses the problem in a timely manner. When in doubt, always err on the side of clear, written communication.