Need To Remove Or Prune A Tree? Don’t Forget These 3 Important Legal Considerations

Removing a problematic tree isn't as straightforward as you might think. Whether there's a tree that you feel needs to be removed, or a tree that just needs significant pruning, there are a few things you need to consider. Failure to consider these aspects of tree removal can have severe ramifications. So what do you need to think about before you can remove or alter trees on your property?

1. The Legality of Removal

Are you legally able to alter the tree in question? Many large trees (even those on private property) can be classified as significant trees. This means that they are protected against removal or even tree lopping. This is regulated by your local city council, so you need to check that lopping or removal is permitted, otherwise you might be subject to certain penalties (generally a fine). You can gain permission to remove or prune significant trees if they pose some sort of danger. This might be when they grow too close to overhead electrical wires or when they are old and are in danger of shedding branches. A tree removal company will not be able to judge if a tree is classed as significant, so the onus is on you to check. You are the one who will be held liable.

2. Insurance

Does the tree removal company have comprehensive public liability insurance? You will need to inquire about this, as it's a necessity to protect yourself should the worst happen. Perhaps the removal will be misjudged, causing branches to fall unexpectedly, which can damage your home or property. A falling branch might also injure a family member, or even a member of the public who happens to be passing by. Your homeowners insurance is unlikely to cover you for this type of claim. Be sure to check that any tree removal company you hire has full coverage.

3. A Tree Not on Your Property

It's not always a tree on your property that needs to be altered. You may wish to take action if your neighbour's tree has branches that overhang your property. The appropriate way to proceed is determined by your state government, and it varies from state to state. Unsurprisingly, the best course of action is to talk to your neighbour and request that they remove the offending branches. If they do not take action, you can serve them with a written notice of demand. If no action is taken within a certain time frame, you can remove the branches yourself or hire a tree removal company to do the work. The time frame varies from state to state, so be sure to check with the applicable body in your state. As an example, the applicable body in Queensland is the Department of Justice, and the time frame is 30 days upon receipt of the written notice.

By considering these three important aspects of tree removal, you can ensure that any tree removal or lopping on your property is done by the book.


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