Whether you’re concerned about the beautification of your property, or if you simply want to remove invasive and pesky vegetation, here are ten things every homeowner should know about hiring a landscaper or tree contractor.
Know who you’re hiring
It is important to find out the qualifications and credentials of the landscape or tree contractor you’re hiring.
- Is this a landscaper that’s performing unlicensed tree trimming work?
- Additionally, does the contractor have its own worker’s compensation insurance?
- Is the contractor exempt from having worker’s compensation coverage?
Ask for copies of these things prior to agreeing to have a contractor perform a job on your property. Also, take the time to check with your City or County to see if the landscaper or tree contractor you hire has the appropriate licensing.
Warn, if you’re aware
It is important that you warn persons coming onto your property of any dangers that aren’t readily discoverable. For example, if there’s a depression or a hole in your lawn that’s concealed, you have a responsibility to warn a person coming onto your property about those dangers. Make the landscaper or tree contractor you hire aware of any utility lines hidden in trees. Walk your property with them and point the dangers out to them.
Try to get all agreements in writing
It’s important that the scope of work you hired the contractor to perform be in writing. This ensures
you get exactly what was agreed to for the amount you agreed to pay. It also creates a written record of what was done and when. Evidence of all work performed should be kept by you for seven (7) years (or longer given the ease of archiving information on your computer).
Digging? Call 811
If any digging is involved in your landscaping project, call 811 first. It is important that 811 send utility representatives out to your property in advance to mark the location of any buried utilities (e.g., gas, electric, cable, water, etc.).
Tree trimming
Check the location of your trees and other vegetation (such as bamboo). If the vegetation is near a power line, call your electric utility company first. Let your electric utility company know that there is vegetation near one of their electric lines. Utility companies have a responsibility to keep their utility lines clear of vegetation. Utility companies are supposed to perform their own vegetation maintenance on a cyclical basis (e.g., every 3, 6, or 7 years). Don’t assume that your vegetation is not “near” an electric utility line.
If the electric company refuses to have the vegetation trimmed or removed, demand that the line be de-energized before having anyone begin work near those lines. If you are going to be hiring your own contractor to remove vegetation near an electric utility line, you’ll want to make sure that such individuals or companies are “qualified” to perform such work within 10 feet of the electric utility line. These specialized tree trimmers also use particular safety equipment and insulted tools to prevent injury to themselves and the public.
Planting
The industry term is “right tree, right place”. This is an aphorism that means, understand what you’re planting, where you’re planting and any associated risks. For example, if you want a bamboo privacy wall along your property line, you should not plant bamboo (or similar plants) beneath above-ground utilities. Bamboo is a tree that has a fast growth rate and cannot be directionally pruned. In given time, the bamboo will grow up and into the utility lines which may cause utility-related reliability issues, but may also become a hidden danger in your backyard. If a person comes into contact with vegetation and that vegetation is simultaneously touching an uninsulated power line, the individual may experience electric shock or electrocution. Further, vegetation that comes into contact with an uninsulated power line may cause a fire.
Tree Removal
You may need to obtain permission from your City, County, or Municipality before you remove a tree. Additionally, you may be required to replace the tree with another type of tree on your property. It’s important that you check your local codes and laws before removing a tree. Also, if a tree stump is going to be removed, call 811. It’s important to make sure that your contractor doesn’t disrupt an underground utility, a roadway or easement in the process.
Easements
There are different types of easements. In simple terms, an easement is a property owner granting another permission to use a portion of the property in a certain way. As a property owner, you have a responsibility to maintain the easement in a safe manner. You may also have a responsibility to ensure access to and from the easement.
Don’t participate
As a homeowner, it’s okay to explain to the contractor what it is you want to be done. However, the moment you take a more active role (e.g., supervising or assisting with the work), you have the potential to open yourself up to any liability.
Talk to your neighbors
It’s important to communicate with your neighbors. There might be some disagreement as to where property lines begin and end. Try to come to an agreement and work together cooperatively. Sending a tree trimmer or landscaper onto another person’s property could lead to various legal issues even if that neighboring property has a tree or a plant that’s disrupting your property (or vice versa). Generally, a property owner is allowed to trim that much of a tree that is encroaching onto his or her property but no more.
Authored by Corey B. Friedman
