Cut down a tree in a farmstead. Legal cutting of trees on your own property and the need for a cutting permit
The subject of criminal encroachment is trees, bushes and vines growing on the lands of the forest fund, forests which are not part of the forest fund, on the lands of transport, settlements, on the lands of the water fund and on the lands of other categories. Not an environmental crime. trees and bushes growing on agricultural land, except for forest plantations. In gardens and dacha plots. Wind-blown, downed trees, etc.п.
In this section we will try to explain when and what should be registered, who should do it and which bodies to apply to.
Three basic situations are possible: _ 1. You are disturbed by a tree that is located on public land: in the city within the city limits, on the territory of a gardening community outside your plot. _ 2.
Laws governing felling
Cutting down trees is governed by state land laws. This is a set of laws that spell out all the actions that can (or cannot) be taken with respect to our country’s land resources. Illegal cutting is classified not only as an administrative violation, but also as a criminal.
If a dispute arises between neighbors, where it is not clear on whose property the tree to be cut down grows, it is worth surveying the land if this has not been done before. Then the law will be established precisely who is the owner of the disputed land and who has the right to cut down the tree.
Therefore, the cutting of trees on your own property is not such an unambiguous action. You should visit your local municipal office (village council, city hall, etc.) before you fell from a particular property. д.), under whose patronage the particular land plot is situated, and to consult on the matter, since permission may have to be obtained for cutting it down.
Can I cut down unwanted branches of a tree on my neighbor’s property?
Plants on other people’s land are not your property, so you will be prosecuted for defacing them in accordance with Art. 1064 Civil Code However, branches spread on the land plot may not be cut.
The tree is the property of the neighbor, so he must bear responsibility for it, according to Art. 19 of the Law “On Gardening, Vegetable Gardening and Dacha Non-Profit Associations of Citizens. If trees grow out of order, you can sue to have them replanted or cut down through a court or out of court.
You can cut down the interfering branches yourself only on your own territory. Some owners cut down overhanging branches on the border of their property and have the right to do so if the neighbor ignores legal requests. In this case, it is necessary to dispose of the cut branches on their own. However, it is advisable to first notify your neighbors and give them time to resolve the issue. If there is no response, you can do it yourself or sue them in court.
How to force the neighbor to cut down trees
When settling a conflict in pre-trial proceedings, the argument for encouraging neighbors to resolve the issue on their own can be a warning of responsibility. If a tree from the neighbor’s plot falls on your house or plot, the losses will have to compensate them. Of course, if the rules and regulations have actually been violated. In such cases, there is always an examination, which will prove noncompliance in the layout of the plot or violation of the charter of the garden association. in both cases, the neighbors will have to pay damages. Litigation makes sense when planting rules are violated and trees grow closer than allowed. Sprawling branches should be removed on their own.
If the agreement with the neighbors did not work, you can settle the issue in court. Grounds for a lawsuit may include:
- Violation of fire regulations. In this case the claim will not be about the shading of the plot, but about the danger to life: the requirement to eliminate the violations of Art. The claim for the elimination of the violation of Art.304 of the Civil Code, which can arise due to the interfering tree. This is the most effective strategy for dealing with obstructive overgrowth.
- Missed profit as a result of worsening conditions for growing crops. If the garden is the only means of subsistence, or you are engaged in the sale of the harvest, then there is a chance to obtain a positive decision of the judicial commission.
- Damage to health. Because of the lack of sun and high humidity, mold can form due to severe shading, causing disease.
- The area of the shading. If the branches are blocking a third or half of the plaintiff’s plot from the sun, you can try to prove a violation of the allowable distance to the planted trees.
- Destruction of the ground and the emergence of interference with construction work. Here again, the lawsuit is not about shading, but on other grounds. Citing the fact that trees interfere with construction is a great way out.
Each element of the claim should be analyzed before going to the courts. You need to determine whether it will be a claim for redress of grievances or a claim for damages.
In the situation with the neighbors’ shading of the plot you will need to prove the violation of insolation norms. This will require obtaining opinions from:
- Gardening chairman;
- The boards of the gardening community;
- local administration;
- The landowner’s independent organization.
Due to the fact that there are no documents regulating the level of insolation, it is not possible to refer to the official paragraphs of the law. In court practice, there are not often cases in which the claim for tree replanting is satisfied by. Usually this acts as an additional requirement, and the main reason for filing a lawsuit should be more substantial reasons and violations.
It is advantageous to sue your neighbors only if the overgrowth seriously interferes: shading affects the amount of crops or contributes to the emergence of diseases.
Can I cut down a tree myself?
You may only cut your own trees on your own land. In other cases, and in the presence of good reason, you will need to apply for permission for this procedure.
- To the landowner.
- In the housing and utilities department, in the case of a tree growing on municipal property.
- To the gardening community, if the tree is on their balance sheet.
Important! It is forbidden by law to cut a tree on other people’s land.
Felling is only permissible if there is a well-founded reason and permission has been granted. A copy of the permit must be given to the local police or environmental department of the municipality.
The cutting of trees in Kalina itself is carried out by qualified workers belonging to the housing and communal services or private companies. Special equipment, climbers and arborists are involved. The final stage of the process is the sawing and removal of the remnants of wood.
Cutting down large trees
If the tree is of an impressive size and you still suspect that it belongs to a public plantation, we advise you to contact the same authorities for advice. Such a situation is possible, for example, if the owner has recently purchased a plot and does not know whether its boundaries have been extended before. Once the owner is satisfied that the tree is not listed as a public service, a decision can be made about how to remove it.
The owner can also get help in cutting down a large tree if he or she applies to the executive committee of the municipality. An emergency hazardous tree can cause damage to neighboring structures as well as people passing by. The commission will go to the place to inspect, find the nearest power lines and other dangerous objects. It’s usually a quick decision.
Please note, if there is a tree growing on the property that is classified as a hazardous tree, you must be sure to cut it down. Otherwise, all the consequences will be borne by the owner.
When you can cut down trees on the property
Normally, there are three cases in which the decision to cut the tree down can be made:
- When a tree has fallen due to bad weather or its age on its own. You only need to file it under the root.
- Trees can be cut down on agricultural land, to ensure its suitability for cultivation. Only those plantings that form a protective strip are left.
- You can also remove trees near your home by law, on your own plot, if the information in the cadastral passport does not restrict such actions.
Cutting trees on private plots of land is regulated by state law, but local regulations may also be adopted at the location of the plot. Local laws must not contradict state laws.
When this service is paid and when it is illegal to demand money?
Cutting down trees is a demanding and responsible job, so it is in principle not only free of charge, but also not cheap. In addition, when preparing the documents, it is necessary to pay for the examination, as well as fully pay for the activities that will restore the number of trees.
So the cutting can only be free of charge if someone else pays for it.
There is no unified federal law that regulates this situation, because all issues related to felling are in the competence of local governments. Therefore, in the vast majority of cases, it is the person who pays for this work who is most interested in it.
For example, to remove dangerous plants along power lines should be landowners, but they do not always do it, and sometimes they are not even aware of the threat that has arisen. Therefore, power engineers are forced to cut down such trees at the expense of the budget, because if they fall down, they will not only have to dispose of the trunks and branches, but also have to repair the damage.
If an emergency tree grows in the yard of an apartment building, but on municipal land, that is, it is located outside the adjacent territory, but poses a threat to the health or property of any of the apartment owners, all costs must be borne by the local administration.
If the tree is growing on the adjacent territory, the AC can pay for its removal in two ways:
- from the maintenance payments (not to be confused with the payments for the capital repair);
- Including the cost of all work in the receipt for the next month or several months, if the amount is very large.
In any case, only the general meeting of apartment owners can choose the form of payment, the results of which should be drawn up a protocol with the signature of each owner.
The following are the cases in which it is illegal to demand payment for the cutting or disposal of trees:
- in the case of liquidation of natural disasters;
- If the local government has refused to declare the tree an emergency tree, and it has fallen or leaned heavily;
- If an emergency or dangerous tree is located on land belonging to another owner, including the municipality.
If the tree interferes with any work not related to the removal of the source of increased danger, then payment for the paperwork (including the fee for the restoration of the green fund) and the cutting of the plant is borne by the one who needs the work.
In apartment buildings, first at a general meeting of tenants to approve the plan of work, then choose a representative who will do it, or entrust the work to the Managing Company.
over, all of this, as well as the consent to pay for all necessary works must be noted in the protocol of the meeting of the tenants of the house and signed by all apartment owners.