Regardless of whether or not you own your home, the legal liabilities regarding tree care can be unclear. Who is responsible for tree maintenance in such instances? Is it always the property owner’s fault?
Zazueta Tree Specialists is here to demystify the answers to these questions. As leading arborists in Los Gatos, CA, we provide top-quality care for all tree-related needs. Click here to learn what our team can do for you in Santa Clara County!
But first, we’ll tell you who could foot the bill and how to reduce it beforehand.
Who Owns the Tree?
As beautiful as trees can be, they can become a nuisance when no one cares for them. That’s why you should always ensure proper maintenance of any trees on your property. After all, they affect the neighborhood’s appearance, safety, and comfort.
On Your Land
Check property lines to find out who is responsible for the tree’s upkeep. Generally, if the trunk’s base is on your property, you are responsible for its care, including tree pruning, trimming, or removal.
On the Line
If the tree straddles property lines, you and your neighbor will have something to talk about. You’ll want to approach these discussions delicately and without malice.
Consider the tree a shared investment and work out how you will care for it together. Doing so can build positive relationships and help avoid disputes in the future.
In the Lease
Between tenants and landlords, tree care usually falls on the latter. Landlord duties may include the function and maintenance of indoor and outdoor amenities, such as landscaping.
However, if the lease agreement states that lawn and tree care falls on the tenant, it likely does. Still, lease sections marking tenants as responsible may be void if the local government specifies landlords as the responsible party. Always cross-check your lease against local ordinances for plain language descriptions about landscaping and tree care.
Ownership Means Liability
What should you do now that you know who is responsible for tree maintenance?
As the designated caretaker, you are now in charge of everything related to the tree. This means tree trimming obligations, periodic pruning needs, and health management. You also face consequences if you neglect your landscape for too long.
As a part of homeowner liability, all eyes are on you if your tree injures someone or damages their property. You could face negligence claims if reports find that you failed to care for a collapsed tree. Even having property insurance may not help, as insurers are within their rights to deny claims over signs of negligence.
The best way to avoid these problems is to ensure the health and wellness of your trees. Even if something happens that can’t be helped, evidence that you’ve been caring for them goes a long way.
Be Accountable, Not a Scapegoat
For example, consider if your otherwise healthy tree has a branch break off during severe weather. Even if the branch collapses into the street or onto someone’s property, it may not be your fault. Instead, the incident could be marked as an act of God, releasing you of any monetary responsibilities.
If not, then the courts often consider how you’ve handled your tree maintenance responsibility:
- Do you have records of calling an arborist for regular trimming or pruning?
- Did trees in your yard have an illness that you had professionals try to address?
- Who is responsible for tree maintenance on your property?
DIY solutions will often not be enough. Professional arborists spend years learning to care for the various trees in Los Gatos. Contacting us for tree maintenance gives you a solid paper trail, showcasing your due diligence.
Keep Your Trees and Yourself Happy
Don’t start cutting all your trees down just yet! They have various benefits, from reducing reliance on air conditioners to lowering asphalt and concrete temperatures. Even if the responsibility feels heavy, you don’t have to care for your trees alone.
Zazueta Tree Specialists’ arborists have spent years honing our skills to take care of Santa Clara County’s trees across the board. From coast live oaks to California buckeyes, we help property owners in Los Gatos maintain the trees in their landscape beautifully.
Who is responsible for tree maintenance on your property? Do you know how planting a tree or removing its stump works?
Save yourself time, energy, and significant losses from negligence claims. Call (408) 603-3577 to see how Zazueta Tree Specialists can make your life in Los Gatos easier today!
