Why And How DIY Tree Removal Can Get You Into Legal Trouble
Do you know that cutting down a tree can get you into legal trouble even if it's on your property? Therefore, you shouldn't just go around removing trees even if they are blocking your view or don't seem pretty. Here are three situations in which tree removal can send you scrambling for a defense lawyer:
It's Against State or Federal Laws
You don't always have the right to cut down trees on your property. Both federal and state laws determine which trees you can cut, how many of trees you can cut, and when you can cut them. Most of these laws have been enacted for the preservation of trees. Therefore, cutting down a tree when it's illegal to do so will see you facing a lawsuit from the government.
For example, some states have laws that require property owners to get permits before cutting down trees of certain a height and diameter. Many states also have laws against the removal of trees that have been put on the endangered list. For example, oak trees are protected in California, so you shouldn't cut one down without getting the green light from the government.
It Caused Injury or Destruction
You will also get into trouble with the law if you cut down a tree and it ends up causing an injury or damage. For example, if you cut down a tree and it falls on your neighbor's car or house, you will be held liable for the damages. The same is true if the tree falls on your neighbor's pet or breaks your neighbor's leg.
In all the above cases, your homeowner's insurance or umbrella liability will come to your rescue and settle the damages. However, you are doomed if you don't have coverage (for example if you let it lapse) since the victim is likely to sue and come after your personal assets.
It's Against Homeowner Association Demands
Lastly, you may also get into legal trouble if you cut down a tree contrary to your homeowners' association (HOA) laws. Many HOAs have laws regulating the number of trees you can have on your property, how high they can be, and when you can or cannot remove a tree. There are many ways your HOA can deal with your violation, including ordering you to pay a fine or suing you.
Therefore, don't be hasty in removing a tree on your property. Confirm that you won't be breaking any laws, including those of your HOA, before moving ahead with the removal plans. And for more information, talk with a local tree service that will know the laws in your area.