WHAT HAPPENS WHEN YOU CAN’T SEE? ENCROACHING PLANT LIFE INTO PUBLIC AND PRIVATE PROPERTIES
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A driver needs to be aware of their surroundings while out on the road. This includes minimizing distractions, staying alert to other vehicles on the road, and paying attention to traffic signs, pedestrians, and even wildlife. However, there are situations where that much needed visibility is not the fault of the driver. When tree limbs, weeds, grass, or other vegetation intrude into our sidewalks and roads, it is not only a nuisance but also a safety hazard.
Neglected plants, both on public and private property, increase the risk for potential accidents. For example, if a driver is approaching an intersection and their view is blocked from the road on the right, they cannot see if something or someone is approaching from that side. This makes it nearly impossible for the driver to react accordingly. Yet, if the overgrown vegetation had been trimmed back, the risks of a crash and the ensuing injuries are significantly reduced.
This type of circumstance begs one question: Who is responsible to maintain that vegetation?
To love him with all your heart, with all your understanding and with all your strength, and to love your neighbor as yourself is more important than all burnt offerings and sacrifices.
A homeowner whose plant life encroaches on public property or their neighbor’s property is responsible to ensure that plant life — such as trees, shrubs, grass, or weeds — is under control. In the state of California, it is considered the landowner’s duty to maintain their yard and plant life. Typically, when branches or roots of plant life extend into an adjacent property, the owner of that property has the right to remove them, especially if vegetation threatens foundations, walkways, or structures. However, while they can trim, they must keep in mind the safety and health of the plant. Any improper pruning that results in the injury or death of a plant is not allowed. When overgrown vegetation is found on public property, it is often up to the state or local vegetation management, often overseen by the fire department, to take care of the problem. However, in some cases where a property owner receives the benefits of the plant life, such as enjoying the shade, aesthetic, and property value provided by a tree, they would be considered responsible for it. If you were involved in an accident or received a ticket due to an obstruction of view caused by vegetation, it’s important to call an attorney. A well-versed lawyer can discuss which options are open to you and advise the best course of action.
–MARK 12:33
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