Real Estate News & Market Insights:
- Verify ownership: many sidewalk trees are public, and only authorized municipal crews may prune them, warns Yosi Yahoudai.
- Consult your city: use municipal inventories or maps and call the local agency to confirm tree ownership, advises Mason Hanrahan.
- Hire a certified arborist and verify their ISA certification number via the Trees Are Good website.
- Get insurer concerns in writing, send them to the city, and obtain a written city response before authorizing any tree work.
- Understand liability: even well-intentioned pruning can produce penalties and legal exposure when municipal rules conflict with insurance advice.
A homeowner in San Francisco was recently fined $50,000 for trimming trees in the front of his home.
Though he had been following advice from an insurance broker to reduce risk, the city deemed the work illegal because the trees were publicly owned and could be pruned only by authorized crews.
“If a tree is shading your house, dropping limbs on your walkway, or triggering insurance concerns, you naturally think it’s yours to manage. But in many cities, the closer the tree is to the sidewalk or street, the more likely it is that public rules, not homeowner preference, govern what can be done,” says Raul Gastesi, a real estate attorney and founding partner of Gastesi Lopez Mestre & Cobiella in Miami Lakes, FL.
Before you trim trees or make landscaping changes to your property, it is important to check local laws and determine how they apply to your unique situation. Otherwise, you might be blindsided by costly penalties.
Private vs. public trees
Contrary to popular belief, not every tree in front of your home is yours to touch.
“A lot of cities treat sidewalk trees as public property. That means only approved crews can handle them, and pruning them yourself can lead to serious fines,” says Yosi Yahoudai, co-founder and managing partner at J&Y Law in Los Angeles.
These regulations are enforced by municipalities to ensure safety and prevent illegal tree-cutting methods that may damage the trees’ health and pose liability risks, adds Seann Malloy, founder and managing partner of Malloy Law Offices in Bethesda, MD.
If a branch falls and hurts someone or damages property, for example, the question becomes who was responsible and whether the work was done properly.
“We’ve seen cases where that becomes the primary issue after the fact. So, even if your intent was good, you can still be held accountable if someone gets hurt. A lot of this comes down to hindsight, but the goal is to avoid being in the wrong in the first place,” explains Yahoudai.
Fines can range from a couple of thousand dollars to upward of $50,000 or more, depending on the damage and replacement costs, so it’s important to be proactive and verify laws in advance.
“What makes these cases so frustrating for homeowners is that they’re often dealing with two separate systems that do not always talk to each other: private insurance underwriting on one side and municipal tree regulation on the other,” explains Gastesi.
You—the homeowner—may be told to reduce risk quickly, but if the tree is city-controlled, acting too quickly can be exactly what creates the legal problem.
How to ensure compliance and avoid hefty fines
Before you get started with any tree-trimming project, the best thing you can do is verify that the trees are actually on your property.
To do so, consult your municipality.
“Most cities maintain inventories and maps of the trees they own. Depending on where you live, there might be online maps available or a phone number you can call to determine ownership. These services are typically free, so they’re a great first step,” says Mason Hanrahan, president at Tim-O-Tree in Ottawa, Ontario.
If you’re unable to determine whether the tree is public or private for free, you might want to contact an arborist. Just make sure whoever you hire is certified by the International Society of Arboriculture (ISA).
Hanrahan warns that many arborists say they’re certified when they’re not. To check their credentials, visit the Trees Are Good website, which is maintained by the ISA.
“If an arborist makes vague claims that they are certified’ without sharing their unique certification number, they may be trying to mislead you,” explains Hanrahan.
Once you verify their number and credentials, you can move forward with greater confidence.
Hiring an arborist is particularly important if an insurance company demands pruning that conflicts with the city code.
“The smartest move is to get the insurer’s concern in writing, send it to the city agency with authority over the tree, and ask for a written response before authorizing any work. At minimum, get the approval of a certified arborist. Most cities will defer to a certified arborist,” explains Gastesi.
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