Who Pays for Tree Trimming?

Parent Q&A

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  • Hi BPN,

    We recently bought a corner home in the Berkeley flats with a fairly large tree on our part of the sidewalk. However, we noticed that there are electric lines going through said tree which also cuts though/above our backyard to our neighbor’s small apartment building behind their home. 

    We really like the shade provided by the tree and are loathe to cut it back but what if it topples the electric wires on a windy day? Who is responsible? Do we suggest to out neighbor that they pay to cut back the tree? Are we supposed to go in and partially pay (while not ideal, better than paying for PG&E to come out in an emergency?) or how do these situations work? Thanks in advance for your advice.

    You need to apply for a permit with the City of Berkeley: https://berkeleyca.gov/city-services/streets-sidewalks-sewers-and-utili…

    From a fire risk standpoint, the voltage of that wire is likely so incredibly low that there’s no risk. Also, I believe PG&E does not charge anything to come out, emergency or not. You could ask PG&E if they can come check the wires proactively if you’re concerned (though they may be able to tell you over the phone that there’s nothing to worry about).

    PG&E sends workers around periodically to trim trees that are close to their lines. The cable companies do the same. If a line collapses call the fire department and PG&E. We had to do this a couple of times, though now they've put up new poles, so hopefully the problem has been solved. The Berkeley Fire Department is very responsive to downed wires.

    Sometimes the PG&E tree trimming seems excessive, and we've noticed that the work they did this past year radically reduced shade and has caused our house to be much hotter. The trees on our street look like Bonsai trees now.

    For better or worse, PG&E will monitor and cut the tree as needed to stay clear of the lines. And yes, you are responsible for cutting it (or letting PG&E do it) if it's your tree, regardless of whose lines are passing through--often for front yard trees, the lines are just community lines, and not specific to the house whose yard the tree sits in.

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Questions

Sidewalk trees in Kensington: must I trim them?

Nov 2009

Hi, I live in Kensington, and have trees that were planted in the sidewalk above our house. I have been paying to have them trimmed so that my uphill neighbors have a view. I was wondering who owns these trees? I think I am responsible for maintaining the sidewalk in Contra Costa, but don't know about the trees. I don't want to trim the trees, or pay for their care, but I also don't want to alienate the neighbors who seem to think that I am responsible for it. I was wondering legally, who owns them? and who is responsible for their care? Thanks


To the best of my knowledge, the trees are planted by the city. Try contacting them for trimming. I know you need to check with them if you want to cut one down. kl


Call the town offices. Usually, pruning street trees is a municipal responsibility. Ray


This is the very reason why I will never live anywhere unincorporated again. There is no easy path to get your questions answered. You are definitely responsible for the sidewalk. I can't see a reason why you would not be responsible for the trees on the sidewalk. I believe this is the group that can help you to find out. I would contact the chair. Kensington Municipal Advisory Council Meets last Tuesday, 7:00pm Call 273-9926 for information.


Who Pays for Tree Trimming?

August 2003

We have a tree on our property, some branches of which extend onto a neighbor's property. The neighbor would like to trim the branches to increase sunlight. What's the norm around here for paying for that trimming -- does he pay, do we, or do we share the costs? (I know he has the legal right to cut them and does not have a legal right to demand payment; I just want to know how good neighbors behave.) Thanks! Chris


My husband, Richard Trout, UC campus arborist and consulting arborist, gave me the following answer:

Who pays varies, but the rule of thumb is that the person who benefits pays for the trimming. If the tree does not loom over and dominate the neighbor's property, the neighbor typically pays. But it gets tricky when you consider the issue of how much growth over a neighbor's property is reasonable. If a tree cuts off all sun to a backyard, then it is often reasonable for the owner of the tree to pay, or to split the difference. And, if there is encroachment over a neighbor's roof, for example, then it is reasonable for the tree owner to pay.

A couple of things to consider. If the neighbor wants to cut so much that the form and/or health of the tree is affected, the tree owner may not wish to pay. And, the tree trimmer's client is the person who writes the check. Many times, a tree owner will pay, in order to ensure control over just what gets cut, and to make sure that the job is well done. Nolo Press has a good book ''Neighbor Law,'' which deals with trees among other subjects. It covers common sense reasonableness and also addresses legal issues. For example, have you considered the possibility that your neighbor hires an uninsured person to cut your tree, who then falls out of it and is injured? Who is liable? Not that that ever happens, but these things should be worked out ahead of time. Stefanie