Laws concerning trees and their maintenance vary by state; however, there appears to be some consistency across jurisdictions: trees on your property are usually your responsibility. This means that you could be liable for a tree on your property that poses a hazard to your property, others property, pedestrians or vehicles. And as with all legal situations, ignorance is not a defense. In this light, tree maintenance becomes more important for homeowners and care should be taken particularly after a storm.

If you have questions concerning the law and trees on your property, your best source of information is an attorney. There are attorneys that specialize in tree and vegetation issues, and often their experience will be to your benefit as their client.




Some questions to ask your attorney:
  1. What are my responsibilities if my tree is damaged by a storm?
  2. What are my responsibilities for maintenance?
  3. What time period do I have to address maintenance?
  4. Who is responsible for trees in the easement, the right-of-way or under utility lines?
  5. What specific county or municipal ordinances relate to my tree in addition to state statutes?
Additional information your attorney may need:
  • Species of tree
  • Size of the tree
  • Age of the tree
  • The tree's placement related to your property
  • A photograph of your tree and the property


These are some suggested questions to start a conversation with your attorney. However, this list should not be considered comprehensive. For all legal concerns, contact a qualified attorney in your area.



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