While healthy trees add value to your property, they can cost you money if they are improperly cared for. As a property owner, you have a legal obligation to inspect your trees for defects that could harm people who visit your property. 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? As a landlord, rental property is your responsibility. You must be fully aware of the condition of everything inside and outside the property.
While everyone knows that this is important to the interior and functionality of the property, it also means that you are responsible for the exterior of the property. On private property, homeowners are responsible for the maintenance and care of trees, shrubs and other vegetation. The exception is cutting and pruning trees and shrubs located in right-of-way areas or other types of easement areas of your property designated for things like utilities and sidewalks that are often directly adjacent to the street. Easements give utility companies and local governments the right to maintain vegetation, including the pruning and removal of trees and shrubs.
Homeowners may be prohibited from planting certain vegetation within these easements. Tree ownership must be established to clearly determine who is responsible for maintaining branches that protrude from an adjoining property. No matter where the branches hang, the owner of the tree is the person in whose yard the tree trunk is located. A tree on your side of the property boundary is yours, while a tree on the opposite side of the line belongs to your neighbor.
When the tree is planted directly on the border between two properties, both owners retain the interest and ownership of the tree. Tenants can do general lawn care or landscaping. However, major tree maintenance, including pruning and removal, must be done by the landlord or landlord. In general, the owner of the land on whose property a tree grows will have a duty of care, determined by the principles of neglect.
Common prudence in tree maintenance is expected to prevent injury or damage to a neighbor's property. As such, the topic of landscaping, particularly tree pruning, may not be discussed before the tenant moves out, leading to confusion as to who is legally responsible for damage to fallen trees. Here is additional information that establishes the owner's responsibility for pruning and maintaining trees. Most of the time, leasing a rental property doesn't describe who is responsible for pruning trees and maintaining a rental property.
Since the responsibility for pruning and removing trees lies with the owner, it's essential to be proactive. First, check your lease agreement to see if tree trimming is the responsibility of the landlord or tenant. The owner is usually responsible for pruning and removing trees, considering that a well-kept tree has more than visual advantages.