Do homeowners have a duty to maintain trees or can they rely on insurance companies to cover any damages they cause?

Question

Neighbor is limiting the use of my driveway. I cannot park in my own driveway where I want because of a hazardous tree. 
 
A homeowner on my street, has a hazardous tree he refuses to remove (a very large dead Modesto Ash). The ground at the base of the tree can be seen lifting up during windstorms. When the tree falls it will land in the street and my driveway, possibly hitting pedestrians and damaging property. The tree will also hit my cars and do significant damage to my house if it knocks down another tree on my property. The homeowner states that his insurance will only pay for downed trees and is waiting for this to happen. His last words to me were, " just pull up all the way in your driveway and you should be fine". Seems his insurance company would like to know his plan. He has had other trees fall and is aware of the danger. Do I have any recourse?

William John Light · Answer

You can contact the city, which may have an ordinance about diseased or dead vegetation.  Code enforcement might require him to remove the tree.  Otherwise, you would have to file a lawsuit alleging a nuisance, and request an injunction ordering him to remove the dead tree.  You would need a certified arborist to testify for you that the tree is a hazard and is likely to fall.  It would probably be cheaper to split the cost of removal with him.

James L. Arrasmith · Answer

Homeowners have a legal duty in California to maintain their trees and prevent foreseeable harm to neighbors and their property. Your neighbor's approach of waiting for the tree to fall and relying on insurance is both negligent and potentially dangerous. 
 
You have several options for addressing this situation. First, document everything - take photos of the tree's condition, record dates of conversations with your neighbor, and gather any expert opinions about the tree's hazardous state. You can then report this hazard to your local city code enforcement office or the Sacramento Urban Forestry department, as they may require removal of dangerous trees. 
 
If your neighbor continues to ignore the risk, you can file a nuisance lawsuit seeking a court order to remove the tree. Given that your neighbor has acknowledged the danger and previously experienced fallen trees, you have strong evidence of negligence. Consider sending a formal letter through registered mail detailing your concerns and requesting action - this creates additional documentation of the issue and your attempts to resolve it. You might also want to notify their insurance company about the known hazard, as insurers typically won't cover damages that result from willful negligence.

Q: Do homeowners have a duty to maintain trees or can they rely on insurance companies to cover any damages they cause?