Tree Removal Laws in Indiana

October 13, 2019 2:29 am Published by Leave your thoughts

Every state has the potential to be different when it comes to moving trees off your property. Some require permits to be able to take the trees out of the ground and haul them off, whether for safety or other regulatory purposes. The good news? Indiana tree removal law doesn’t require a permit to have the trees removed. Your problems are solved with just one call to Estes Excavating Inc. in Jeffersonville, IN. As the premier tree removal and land clearing professionals in the area, Estes Excavating Inc. is here to make sure your development is on track from the outset. We’re experienced across all facets of land clearing and can assist you in a variety of ways, from trunk removal to wood chipping on site.

Whose tree is it, anyway?

The owner of a tree between two properties is the one who has the trunk on their land. (It makes sense—that’s where the roots have grown and potentially spread, so that is therefore the land that will be primarily affected.) Even if branches grow over into neighbors’ yards, they’re not allowed to completely remove them—however, Indiana also provides that landowners must maintain their properties for the benefit of themselves and their neighbors. Therefore, if you have an unwieldy, dying, dead or diseased tree on your property that needs to go, it’s your sole responsibility on several levels.

Over the years, this has caused disputes—since the property owner with the trunk has not only the sole responsibility for removing the tree, but also its care and upkeep, neighborly disputes have started over these sorts of tree issues.

Case law may have changed since these precedents were set, but these are the general rules of Indiana tree removal law:

  • Emergency removal: If the tree in question has its trunk on another owner’s land, generally, they can not trespass on the land to address the issue. However, in case of emergency (e.g., the tree is about to fall and cause major damage to the neighbor’s property), the court may grant relief.
  • Branch or root trimming: A neighbor may trim roots or branches that extend into their yard, but only so far as they extend over the property line. Roots should be left alone unless they are causing physical damage to the neighbor’s home, such as causing patios to crack or buckle.
  • Split it down the middle: If a tree is growing on the property line, the law will probably find that it equally belongs to both landowners, and thus they will both be responsible for its upkeep and/or removal.
  • The care depends on the land: If you’re living in an urban area, chances are that tree removal laws will be far more stringent because of the danger to other properties. Look up your local laws to find out more.

Tree removal in Jeffersonville, IN

With just one call to Estes Excavating Inc., your tree removal needs will be a snap to handle. Call us today to find out how we can help you with tree removal and land excavation!

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