Who has responsibility of tree near my property?

That tree is almost certainly not yours. If it's on the other side of the sidewalk, between the sidewalk and the street, it's most likely in the public right-of-way. In most municipalities, the city or county owns that strip of land and the trees on it, even though it looks like it's part of your yard. That said, responsibility for maintenance varies by city. Some cities handle all trimming and removal of right-of-way trees. Others put the maintenance burden on the homeowner even though the city owns the tree. And some split it, where the city handles removal but the homeowner is responsible for routine trimming. Call your city's public works or urban forestry department and ask two things. Who owns the tree, and who is responsible for trimming it. If the city handles it, submit a service request and they'll schedule the work. If it falls on you, get it trimmed before you list because overgrown trees blocking the home's facade hurt curb appeal and listing photos. One important note. Even if trimming is your responsibility, do not remove a right-of-way tree without permission. Most cities require a permit to remove trees in the public right-of-way, and doing it without one can result in fines and a requirement to replace it at your expense.

You could review your survey to determine who owns the tree and make a determination from there on responsibility.

Tree responsibility depends primarily on where the trunk is rooted -- ownership follows the root base, not where the branches or roots have spread -- but liability for damage is a more nuanced question. In Florida, tree law follows what is generally called the Massachusetts Rule versus the Hawaii Rule distinction: Florida courts have held that a landowner can trim branches or roots that encroach onto their property up to the property line, at their own expense, without requiring neighbor consent. However, if a tree is dead, diseased, or clearly hazardous and the owner has been notified in writing, the owner can be held liable for resulting damage in certain circumstances. The practical step is to send written notice -- via certified mail -- to your neighbor if you believe their tree poses a risk to your structure. Document the tree condition with photos and get a certified arborist assessment if there is visible decay or structural failure risk. That paper trail establishes notice and supports a damage claim if the tree later falls. If the trunk sits on the property line, both owners are typically considered co-owners of the tree in most states including Florida. -- Kevin Neely & Kaitlynd Robbins | K2 Sells

That strip between the sidewalk and street, the "tree lawn" or "parkway", is usually city property, but homeowners are often responsible for maintaining it, including trees. Call your city's public works or parks department and ask. Some cities will trim or remove problem trees for free, others make you do it. Just don't touch it without checking first or you could get fined.

Street trees — the ones planted between the sidewalk and the street — often look like they belong to the homeowner, but in many cities and suburbs, that strip of land is actually public right‑of‑way. That means responsibility isn’t always yours. 🌳 1. If the tree is between the sidewalk and the street, it’s often NOT your tree In many municipalities, that area is: - City‑owned - Township‑maintained - Part of the public right‑of‑way Even if you mow the grass, you may not legally be allowed to trim or remove the tree without permission. 🏛️ 2. Responsibility varies by township or city Depending on where you live, the rules may say: - The township trims and maintains street trees - The homeowner must maintain them but cannot remove them - The city handles hazardous or overgrown trees only - The HOA maintains all street‑side landscaping This is why the exact location matters — a few feet can change everything. ✂️ 3. Before trimming, check who actually owns the right‑of‑way You can confirm by: - Calling your township’s Public Works or Shade Tree Commission - Checking your property survey - Looking at your plot plan - Asking your HOA (if applicable) If the tree is on public land, the township may trim it for free — or they may require you to request a work order. 🏡 4. For listing purposes, you only need to worry if the tree is unsafe Buyers care about: - Overgrown branches touching the house - Dead limbs - Safety hazards - Roots damaging sidewalks or driveways If it’s just cosmetic, it’s rarely a deal‑breaker. If it’s hazardous, the township may be required to handle it. 🤝 5. Work with an informed Realtor who knows local rules A knowledgeable agent — someone who understands right‑of‑way laws, township maintenance policies, and pre‑listing prep — can tell you exactly who’s responsible and how to handle it without unnecessary cost. This is exactly where having an experienced Realtor like me becomes a major advantage. 🎯 Bottom line If the tree is on the street side of the sidewalk, there’s a good chance it’s not your responsibility. Before you spend money trimming it, check with your township — they may handle it, or they may require approval before you touch it.

This comes up a lot when getting a home ready to sell, and the answer isn’t always the same because responsibility for trees near the street can depend on local township or city rules. In many neighborhoods, the strip of land between the sidewalk and the street (sometimes called the easement or right-of-way) is technically owned by the municipality, but the homeowner is often responsible for maintenance, including trees, grass, and sidewalks. That means even though the tree may not be fully on your property, you could still be expected to trim or maintain it. Here are the steps I usually suggest: 1. Check your property survey Your survey will show the property line and whether the tree is inside your lot or in the township right-of-way. 2. Call the local township or borough office Public works, engineering, or the zoning office can usually tell you who is responsible for trimming or removing street trees in your area. 3. Look at it from a buyer’s point of view Even if the tree isn’t technically your responsibility, overgrown branches or anything hanging over the driveway, roof, or sidewalk can become an issue during a showing or home inspection, so it’s often worth taking care of before listing. 4. Check before cutting Some towns require permits before trimming or removing trees near the street, especially if they were planted as part of the original development. In most sales situations, it’s easier to deal with the tree ahead of time rather than risk questions from buyers later, but it’s smart to confirm the rules with the township before doing any work.

In Tennessee, a tree near the sidewalk is often in the public right-of-way, which means it may actually be the city’s responsibility not yours. How to tell who owns the tree: 1. Check your property survey This is the fastest way to see where your property line ends. If the tree is outside your boundary, it’s likely not yours. 2. Look at the “right-of-way” area That strip between the sidewalk and street is commonly owned or controlled by the municipality. 3. Contact your local town or public works department They can confirm ownership and tell you: • If they maintain the tree • If you’re allowed to trim it • If permits are required Who pays for trimming? It depends on ownership: • If it’s on your property → You’re responsible • If it’s in the right-of-way → Usually the town handles it • In some areas → Homeowners maintain it, but need approval before work

If you’re listing soon, trimming it is usually worth it regardless of ownership. Buyers notice curb appeal before they even walk inside.

The answer to this is going to vary state by state. For example, in Florida the tree is the responsiblity of the person whose property it is located on. However, if your neighbor's tree branches are encroaching on your property you may trim and maintain them. If their tree falls on your property, the damage would fall under your insurance policy. Recently Florida tried passing a law that would have made propery damage from a neighbor's tree the neighbor's responsibility, but the legislature did not pass it. I would speak to an attorney in your state.

If the tree is between the sidewalk and the street. The city or county may be responsible, although the HOA may still maintain those areas depending on the community agreement. The best way to confirm is to check with your property survey, HOA documents, landscaping guidelines, or the HOA/property manager. I hope that helps.