March 15th, 2026 |

• General

By Attorney Mike Jerominski

Reading Time: 3 minutes

Planning for Spring

Sometimes it’s hard to believe, but spring is right around the corner. That means it’s soon time to turn your attention to your yard. Whether you are planning a full landscaping overhaul or simply refreshing a few garden beds, thoughtful preparation now can help you avoid costly mistakes later.

Selecting and Contracting with a Landscaping Company

If you are considering hiring a landscaping company, be sure to conduct your due diligence when selecting one. Always research various businesses and read reviews from previous clients when they are available. Being thorough at the outset can save you time, money, and potential litigation.

Once you have found a landscaping company with positive reviews, contact the company to request an estimate for the proposed work. If multiple companies appear professional, get multiple estimates. A reputable company should then provide you with a written contract for any work it intends to perform. While it is easy to sign a document to get things moving on a project, it is in your best interest to carefully review the contract—and any other related documents—before signing. Pay close attention to the scope of work, payment schedule, and any deadlines to ensure expectations are clearly defined.

Important sections of landscaping contracts include cancellation policies and notice of the right to file a lien. Wisconsin Statute § 779.02(2)(a) provides the language that contractors must include in the contracts regarding construction liens. A lien may allow a contractor or subcontractor to place a claim on your property if payment is not made. After the work has been completed and payment has been made, you should request a waiver of the construction lien from the contractor. It is also prudent to request lien waivers from any subcontractors or suppliers who provided labor or materials for your project.

Generally, these contracts include a “right to cure” provision for the landscaper. This means that if you are dissatisfied with an aspect of the job, your first step is to contact them directly so they can fix the issue. If you are unable to resolve the dispute, the contract may also include an arbitration clause. An arbitration clause requires the parties to resolve disputes through arbitration before any litigation can begin in court. Legal assistance in arbitration is highly recommended.

If you have questions about a contract before signing, we recommend having a lawyer review it.

Understanding Your Responsibilities for Existing Trees and Shrubs

If you are not planning additional landscaping but instead want to maintain or improve your existing shrubbery, it is important to understand your obligations regarding trees, bushes, and shrubs. Consult the ordinances of the local city, town, or village for applicable requirements. If you live in a community governed by a Homeowner’s Association (“HOA”), you will want to familiarize yourself with the requirements set out by the HOA’s bylaws and related documents. These materials outline your responsibilities as a homeowner for maintaining your property.

If trees or shrubs on private premises become a nuisance to a public area, the local government may take action. This typically includes trees and shrubs that may interfere with a public area or that are infected with plant diseases, insects, or pests. This may also include trees or shrubs that may endanger the health and safety of others. If you are notified by the local government or your HOA that there is a problem, you should analyze their concerns and take the requested actions. Should you disagree with their assessment, you may hire your own expert to analyze the situation.

If you have large or older trees, it might be a good idea to hire an arborist. Arborists will assess the trees and recommend interventions if necessary. They have the appropriate equipment and expertise to handle any concerns you may have. An arborist can also provide preventative. Preventive maintenance can prevent an emergency and future expenses. Consulting with an expert will also provide you with peace of mind.

Addressing Landscaping-Related Neighbor Disputes

If you find yourself in a dispute with your neighbors over your landscaping, we recommend discussing the matter directly with your neighbor first. Having an open dialogue can save you time and headaches in the future. Pay close attention to your property line before raising any concerns. If you have had a survey of your property completed recently, this makes the process that much easier.

If a specific incident occurs, such as a neighbor’s tree falling or blowing into your yard, you will want to contact your homeowners’ insurance representative to discuss coverage and next steps. If the matter cannot be resolved informally or through insurance, consulting an attorney may be appropriate to help resolve the dispute.

Taking proactive steps this spring, whether that is reviewing contracts, maintaining vegetation, or communicating with neighbors, can help make sure that your outdoor improvements enhance your property without creating avoidable legal issues.