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Who has responsibility of tree near my property?
Hi. I have a tree that I think needs to be trimmed before I can list my home for sale but it is on the other side of the sidewalk, is that my property? It was planted when the plan was created and the streets were poured, before my house was built. Who is responsible to pay for that tree to be trimmed?
Asked By Freddie Malfolk | Knoxville, TN | 30 views | Remodeling | Updated 3 days ago
Answers (5)
Freddie Gomberg
Berkshire Hathaway Fox Roach Realtors
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 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.
- 1 day ago
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Maria Wilbur
Signature Premmier Properties
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
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
- 1 day ago
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JACQUELYNE HICKS
eXp Realty
If you’re listing soon, trimming it is usually worth it regardless of ownership. Buyers notice curb appeal before they even walk inside.
- 3 days ago
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Bobby Poth
Mainframe Real Estate
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.
- 3 days ago
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Marie Yolene Pierre PA
Douglas Elliman
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.
- 3 days ago
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