The Tree Removal Agreement Between Neighbors is a vital legal document used in Australian jurisdictions when trees requiring removal affect multiple properties or property boundaries. This agreement becomes necessary when neighbors need to formally document their arrangement for tree removal, whether due to safety concerns, property maintenance, or development requirements. It addresses key aspects including cost sharing, contractor selection, permit obligations, and liability considerations, while ensuring compliance with state-specific regulations and local council requirements. The document is particularly important given Australia's strict environmental protection laws and varying local council regulations regarding tree removal. It helps prevent future disputes by clearly documenting all aspects of the removal process, from initial assessment to completion, and includes provisions for any necessary remediation or replacement planting.
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1. Parties: Identifies the neighbors involved in the agreement, including their full legal names and addresses
2. Background: Explains the context of the agreement, including the location and description of the tree(s) in question
3. Definitions: Defines key terms used throughout the agreement
4. Tree Description and Location: Detailed description of the tree(s) to be removed, including species, size, and precise location
5. Scope of Work: Specifies the exact work to be undertaken, including removal method and disposal of debris
6. Permits and Approvals: Outlines required permits and which party is responsible for obtaining them
7. Cost Sharing: Details how the costs of tree removal will be shared between the parties
8. Contractor Requirements: Specifies requirements for the tree removal contractor, including insurance and qualifications
9. Timeline: Establishes the schedule for obtaining approvals and completing the removal
10. Access and Property Protection: Details access requirements and measures to protect both properties during removal
11. Liability and Insurance: Addresses responsibility for any damage or injury during the removal process
12. Dispute Resolution: Outlines the process for resolving any disputes that may arise
13. Entire Agreement: Standard clause confirming this document represents the complete agreement between parties
1. Heritage Considerations: Required when the tree has potential historical or cultural significance
2. Replacement Planting: Used when parties agree to plant replacement trees or vegetation
3. Boundary Issues: Included when the tree is on or near the property boundary and specific arrangements are needed
4. Environmental Protection Measures: Required when special environmental considerations or protected species are involved
5. Ongoing Maintenance: Used when the agreement includes provisions for maintaining replacement trees or managing remaining vegetation
6. Council-Specific Requirements: Added when local council has specific requirements that need to be addressed
7. Utility Services Protection: Required when tree removal could affect underground or overhead utility services
1. Schedule A - Site Plan: Detailed diagram showing the location of the tree(s), property boundaries, and access routes
2. Schedule B - Photographic Evidence: Current photographs of the tree(s) and surrounding area
3. Schedule C - Arborist Report: Professional assessment of the tree(s) and recommendations for removal
4. Schedule D - Council Permits: Copies of approved permits and authorizations
5. Schedule E - Contractor Quote: Detailed quotation from the selected tree removal contractor
6. Schedule F - Insurance Certificates: Copies of relevant insurance policies and certificates
7. Appendix 1 - Timeline Schedule: Detailed timeline for all aspects of the removal process
Relevant legal definitions
Agreement
Arborist Report
Authorized Contractor
Business Day
Commencement Date
Completion Date
Council Permits
Damage
Dispute
Force Majeure Event
Heritage Protection
Insurance Coverage
Local Council
Neighboring Property
Notice
Parties
Permit Requirements
Project Timeline
Property Boundary
Protected Species
Removal Costs
Removal Process
Replacement Planting
Root System
Site Plan
Subject Property
Subject Tree
Tree Debris
Tree Location
Work Area
Arborist Report
Authorized Contractor
Business Day
Commencement Date
Completion Date
Council Permits
Damage
Dispute
Force Majeure Event
Heritage Protection
Insurance Coverage
Local Council
Neighboring Property
Notice
Parties
Permit Requirements
Project Timeline
Property Boundary
Protected Species
Removal Costs
Removal Process
Replacement Planting
Root System
Site Plan
Subject Property
Subject Tree
Tree Debris
Tree Location
Work Area
Clauses
Interpretation
Definitions
Scope of Work
Permits and Approvals
Access Rights
Cost Sharing
Payment Terms
Contractor Requirements
Insurance
Liability
Indemnification
Property Protection
Environmental Compliance
Heritage Protection
Work Health and Safety
Timeline and Completion
Force Majeure
Dispute Resolution
Termination
Notices
Assignment
Severability
Entire Agreement
Governing Law
Amendment
Warranties
Definitions
Scope of Work
Permits and Approvals
Access Rights
Cost Sharing
Payment Terms
Contractor Requirements
Insurance
Liability
Indemnification
Property Protection
Environmental Compliance
Heritage Protection
Work Health and Safety
Timeline and Completion
Force Majeure
Dispute Resolution
Termination
Notices
Assignment
Severability
Entire Agreement
Governing Law
Amendment
Warranties
Relevant Industries
Real Estate
Property Management
Environmental Services
Local Government
Legal Services
Insurance
Construction & Demolition
Landscaping & Garden Services
Urban Planning
Environmental Conservation
Relevant Teams
Legal
Property Management
Risk & Compliance
Environmental
Operations
Planning & Development
Facilities
Construction
Customer Relations
Documentation
Relevant Roles
Property Manager
Real Estate Agent
Environmental Compliance Officer
Legal Counsel
Risk Manager
Urban Planner
Arborist
Insurance Assessor
Property Developer
Facilities Manager
Council Planning Officer
Environmental Consultant
Construction Manager
Landscape Architect
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