Who owns the trees beside the road?

In most cases, the municipality or state retains authority and responsibility for trees. Sometimes, the municipality legally transfers responsibility for street trees to the adjacent owner.

Who owns the trees beside the road?

In most cases, the municipality or state retains authority and responsibility for trees. Sometimes, the municipality legally transfers responsibility for street trees to the adjacent owner. It's your responsibility to keep the trees on your property, but what about the trees on the right-of-way directly in front of your property? My wife and I only drive to medical appointments and the transfer station. But even with such limited driving, we see a lot of dead trees on the side of the road that, if they fall, would cause a power outage.

Who is responsible for removing these trees before they cause a power outage? Is the state for state highways and cities for urban highways? Or is it Eversource or some combination of responsibilities? You want to prune the branches of the offending trees, but the tree is located on the property boundary between your home and your neighbor's, but disputes over trees close to the property boundary can involve large sums of money, especially if the tree is damaged or dies. If it's a dangerous tree, you have the right to prune branches and cut and remove the roots of trees that are penetrating the pipes or foundations of your real estate property. In most jurisdictions, write a letter to the city's arborist and explain the reasons why trees need to be removed. If the crews had known about the tree, it would have been on a moving list, but Byrne said the tree, as it stood, posed no immediate threat.

And according to NOLO, there is case law that grants damage to homeowners if their neighbors have pruned a tree to the point where the tree is no longer pleasing to the eye. Usually, yes, you can plant trees on the right of way, but most counties and cities have a list of preferred trees that you should plant. However, if the entire trunk of the tree is on your property, then it is considered a private tree and you can remove it. If the tree is on the property boundary, both owners share the value of the tree and are responsible for maintaining their side of the border line.

However, the road authority may require the tree owner to remove branches that cause an obstruction and, if necessary, to carry out the work himself at the owner's expense.

Laura Peffer
Laura Peffer

Subtly charming student. Avid pop culture fan. Award-winning zombie scholar. Avid pop culture lover. Evil coffee expert. Typical twitter ninja.

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