Hi there! Nathan Derry here with JohnHart Real Estate, and today we’re diving into a topic that every homeowner in Los Angeles should be familiar with: who is responsible for the trees on your property. Trees can be beautiful additions to any home, but they also come with responsibilities that can have legal and financial implications. Let’s explore the key facts about tree ownership and maintenance, as well as what happens if your tree causes damage to someone else’s property—and how this ties into the growing trend of insurance companies denying claims.

Who is Responsible for Trees on Your Property?

As a homeowner, you are responsible for maintaining the trees that are fully located on your property. This means you should ensure your trees are healthy, properly trimmed, and do not pose any risk to your home, surrounding homes, or public areas. Regular maintenance can prevent dangerous situations, such as falling limbs or overgrowth into neighboring properties.

If your tree straddles the property line, both you and your neighbor could share responsibility for the maintenance and care of the tree. However, it’s essential to communicate with your neighbor if this is the case to avoid misunderstandings or conflicts.

What Happens if Your Tree Causes Damage to Someone Else’s Property?

Here’s where things can get tricky. If a tree on your property causes damage to your neighbor’s property, such as a branch falling on their car or home, you could be held liable. This liability could extend to:

• Physical damage: Like a tree limb falling and damaging a car, fence, or other structures.
• Bodily injury: If someone is hurt by a falling limb or tree collapse.
• Monetary damage: If the fallen tree disrupts the neighbor’s property in a way that incurs costs, such as clean-up or repairs.

How Can This Affect You as a Homeowner?

With insurance companies increasingly denying claims and, in some cases, even canceling policies, it’s more important than ever to stay on top of your tree maintenance. If your tree causes damage and you’ve neglected regular upkeep, an insurance company might consider you negligent, potentially denying your claim.

Here are some critical points to consider:

• Negligence: If you’ve been warned about the tree’s poor condition (by a neighbor, arborist, or HOA) and failed to act, you may be held responsible for damages.
• Insurance Coverage: Some insurance policies may exclude tree-related damage if they determine the tree’s fall was due to neglect or poor maintenance on your part.
• Policy Cancellations: In California, with wildfire risks and environmental concerns, some insurers are pulling back on coverage for homes with high-risk features—such as large or unstable trees.

Protect Yourself: What Homeowners Should Do

1. Regular Inspections: Have an arborist inspect your trees regularly to ensure they are healthy and pose no risk of falling.
2. Prune and Trim: Keep your trees well-maintained to prevent overgrowth and the risk of falling limbs.
3. Know Your Insurance Policy: Review your homeowner’s insurance policy to ensure it covers tree-related damages and acts of nature.
4. Communicate with Neighbors: If a tree on your property affects your neighbor, it’s essential to stay proactive and open about maintenance plans.
5. Document Warnings and Actions: If anyone raises concerns about the condition of your tree, make sure to document these communications and any steps you’ve taken to resolve the issue.

Taking care of your trees is not only crucial for the aesthetics of your home but also for legal and financial protection. Neglecting these towering giants could lead to hefty repair bills or even lawsuits, especially in today’s insurance landscape.

All the best,

Nathan Derry
Realtor, JohnHart Real Estate

📍JohnHart Real Estate

📞(424) 303-0440

📧 nathan@jhagents.com

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