What You Need to Know: Tree Removal and Liability

Posted by Jason White on

Tree Removal and Liabilities - What you need to know

Trees are an important part of our natural environment, but must be properly maintained or they can pose a risk to nearby buildings and properties.

In this blog post, we will answer some of the most common questions people have about tree removal and liability for damage to neighboring properties.

 

Who is responsible for tree removal cost?

The responsibility for the cost of removing a tree depends on a number of factors, including 

  • the reason for the removal 
  •  the location of the tree.

If the tree is on private property and needs to be removed for reasons of safety or health, the property owner is generally responsible for the cost of removal. If the tree is located on public property, such as a sidewalk or park, the cost of removal may be the responsibility of the municipality or other public agency.

 

I’m not sure a tree is mine, how can I find out?

The University of Tennessee Extension Institute of Agriculture published an article on Tree Owner’s Rights and Responsibilities. You can view it here.

 

What steps should I take to prevent tree-related damage to my neighbor’s property?

To prevent tree-related damage to your neighbor’s property, you should regularly inspect your trees for signs of disease or damage, and have any necessary maintenance or pruning done by a qualified professional. You should also be aware of any potential risks posed by your trees, such as overhanging branches or weak roots, and take steps to mitigate those risks.

 

Can my neighbor make me remove my tree if it is causing damage to their property?

If a tree on your property is causing damage to your neighbor’s property, your neighbor may ask you to remove the tree. In some cases, your neighbor may be able to take legal action to compel you to remove the tree if it is posing a significant risk or if it is causing significant damage to their property.

 

What types of damage can a tree cause to neighboring properties?

Trees can cause a range of damage to neighboring properties, including damage to buildings, fences, and other structures, as well as damage to landscaping, vehicles, and other property.

 In extreme cases, falling trees can also cause injury or death.

 

What happens if a tree falls on my neighbor’s property and causes damage?

If a tree on your property falls and causes damage to your neighbor’s property, you may be held liable for the cost of the damage. 

Liability will depend on a number of factors, including the cause of the tree’s fall and whether or not you knew or should have known that the tree was at risk of falling.

 

Can my neighbor sue me if my tree damages their property?

Yes, your neighbor may be able to sue you if your tree damages their property. 

However, liability will depend on a number of factors, including the cause of the tree’s fall and whether or not you knew or should have known that the tree was at risk of falling. 

If the tree fell due to natural causes, such as a storm or other act of nature, you may not be held liable. 

However, if the tree fell because it was diseased, damaged, or otherwise unstable, and you knew or should have known about the risk, you may be held liable for the cost of the damage. 

It’s important to note that liability for tree-related damage can be a complex issue, and may depend on local laws and regulations, as well as the specific circumstances of each case. 

If you are facing a legal dispute related to tree-related damage, it’s recommended to consult with a qualified legal expert.

 

Is it necessary to obtain permission from my neighbor before removing a tree?

In most cases, you do not need to obtain permission from your neighbor before removing a tree on your property. However, it is a good idea to inform your neighbor of your plans and discuss any potential concerns they may have.

 

What are the legal requirements for tree removal in my area?

The legal requirements for tree removal vary depending on the location and the specific circumstances. In general, it is a good idea to check with your local municipality or other relevant authorities to find out what the legal requirements are in your area.

To find out more information about the specific regulations in your area, we recommend contacting your local municipality. Here are some contact details for local municipalities:

Sevier County

Sevierville 

Gatlinburg 

Pigeon Forge

If I own a home in Sevier County, who can help me with tree removal?

The city of Gatlinburg provided a list of tree trimming and removal experts, you can find it here.

As a property owner, it’s important to take steps to maintain and manage your trees to prevent damage to neighboring properties and minimize liability for tree-related accidents. 

Regular inspection and maintenance by qualified professionals can help identify and address potential risks posed by your trees, and communication with your neighbors can help avoid disputes and legal action. If you are facing a legal dispute related to tree-related damage, it’s recommended to seek legal advice to better understand your rights and responsibilities. 

By being proactive and responsible, you can enjoy the benefits of trees on your property while minimizing the risks and liabilities they may pose.

 

*It’s important to note that the information provided in this blog post is for general informational purposes only and should not be construed as legal advice. While we have made every effort to provide accurate and up-to-date information, we cannot guarantee the accuracy or completeness of the information provided. 

 

What are easements?

Posted by Jason White on

Easements are an important legal concept in real estate.

They allow one party to use a portion of another party’s land for a specific purpose. Easements can be beneficial to property owners, but they can also create potential conflicts and liabilities that buyers and sellers should be aware of. In this post, we’ll explore what easements are, the different types of easements, and what they mean for property owners.


What is an Easement?

An easement is a legal right that allows a person or entity to use a portion of someone else’s property for a specific purpose. Easements can be granted by property owners to other parties, or they can be imposed on a property by a court or government agency. Easements can be permanent or temporary, and they can be exclusive or non-exclusive, meaning that the easement holder may or may not have the sole right to use the land.


Types of Easements

 

There are several different types of easements, each with its own purpose and legal requirements. We’ll cover a few different types of easements below: 

  1. Utility easements: These easements allow utility companies to access a property for the purpose of installing, maintaining, or repairing utility infrastructure, such as power lines, gas lines, or water pipes.
  2. Access easements: These easements provide access to a property that would otherwise be landlocked, meaning that there is no direct access to a public road or thoroughfare.
  3. Conservation easements: These easements are used to preserve natural resources or wildlife habitat on a property, and they typically limit the type and amount of development that can occur on the land.
  4. Recreational easements: These easements allow public access to a portion of a property for recreational purposes, such as hiking, hunting, or fishing.
  5. Easements of necessity: These easements are granted by a court to provide access to a property that would otherwise be inaccessible due to geographic or other physical constraints.

 

What are the limitations and risks?

While easements can be beneficial to property owners, they can also create potential conflicts and liabilities. Here are a few things that property owners should be aware of when dealing with easements:

  1. Maintenance and repair responsibilities: In most cases, the property owner is responsible for maintaining and repairing any portion of the property subject to an easement. This means that property owners should be aware of any potential costs or liabilities associated with maintaining and repairing the easement.
  2. Access limitations: Easements can limit the owner’s ability to use or develop a portion of the property, so it’s important for property owners to understand the scope and limitations of any easements on their land before making any plans for development or use.
  3. Liability risks: Property owners who grant easements to others may be liable for any damages or injuries that occur on the easement, so it’s important to understand the potential risks and liabilities associated with the easement before granting it.
  4. Property value: Easements can impact the value of a property, either positively or negatively, depending on the type and location of the easement. It’s important for property owners to understand the potential impact of any easements on the value of their property.

Easements are an important legal concept in real estate that can create both opportunities and challenges for property owners. It’s important for buyers and sellers to understand the different types of easements, their legal requirements, and the potential risks and liabilities associated with them. If you are considering buying or selling a property with an easement, it’s important to consult with a qualified real estate professional to ensure that you fully understand the legal and financial implications of the easement.

*The information provided on this website is not a substitute for legal advice from a qualified attorney licensed in your jurisdiction.

Septic Tank Facts!

Posted by Jason White on

Septic tanks are an important part of many homes and businesses that are not connected to a public sewage system. These tanks are used to treat and dispose of wastewater, and they play a crucial role in ensuring that properties are able to properly and safely dispose of their waste.

 In this blog post, we will take a closer look at septic tanks, their functions, and the process for installing a new septic system.

What is a septic tank?

A septic tank is a large underground tank. Septic tanks are typically made of concrete, fiberglass, or plastic. Septic tanks are designed to hold wastewater, the tank allows waste to settle to the bottom while the liquid waste is filtered and discharged into the surrounding soil. 

The main function of a septic tank is to treat and dispose of wastewater in a safe and environmentally friendly manner. The tank contains bacteria that help to break down the waste and reduce the amount of harmful pollutants in the water. The solid waste is held in the tank until it can be pumped out and disposed of. 

Why is a septic tank important?

Septic tanks are important for a number of reasons:

  1. Environmental protection: Septic tanks help to protect the environment by treating and disposing of wastewater in a safe manner. They prevent pollutants and harmful bacteria from entering nearby bodies of water and groundwater, which can have a detrimental effect on the ecosystem.
  2. Health and safety: Septic tanks help to prevent the spread of disease by treating and disposing of waste in a sanitary manner. 
  3. Cost-effective: Septic tanks can be a cost-effective solution for homes and businesses that are not connected to a public sewage system. They eliminate the need for expensive and complex connections to a public sewage system, and they can also help to reduce the cost of waste disposal.
  4. Durability: Septic tanks are made of durable materials such as concrete, fiberglass or plastic, they can be expected to last for decades if properly maintained, keeping the cost of replacement low!
  5. Reliability: Septic tanks are a reliable solution for waste disposal. They are designed to work effectively and efficiently, and they can handle large volumes of waste without the need for frequent maintenance

What’s the process for septic tank installation?

Installing a septic system typically involves the following steps:

  1. Site evaluation: The first step in installing a septic system is to conduct a site evaluation. This will include a review of the soil conditions, the topography of the land, and the location of any nearby wells or bodies of water. This information will be used to determine the suitability of the property for a septic system.
  2. Design: Once the site has been evaluated, the next step is to design the septic system. This will include determining the size of the tank and the size of the drain field. The design will be based on the results of the site evaluation and will take into account the number of bedrooms in the home, the expected volume of waste, and the soil conditions of the property.
  3. Permits and approvals: After the design has been completed, the next step is to obtain any necessary permits and approvals from local authorities. This will vary depending on the location and regulations of the area, but typically includes permits from the health department and the building department.
  4. Installation: Once all necessary permits and approvals have been obtained, the septic tank can be installed. The installation process typically involves digging a hole for the tank, installing the tank and connecting it to the drain field, and then backfilling the hole. The installation should be done by a licensed and experienced septic system installer.
  5. Inspection: After the installation is complete, the system will be inspected by the local health department or other appropriate agency to ensure that it has been installed correctly and that it meets all local regulations.
  6. Maintenance: Once the septic system is installed, it is important to schedule regular inspections and maintenance to ensure that it continues to function properly. This typically includes having the tank pumped out every 3-5 years, and inspecting and maintaining the drain field.

How much does a new septic tank installation cost?

The cost of a new septic system can vary widely depending on several factors, such as:

  1. Size of the tank: The size of the septic tank will affect the cost of the installation. Larger tanks can hold more waste and will typically cost more to install.
  2. Type of tank: Different types of tanks, such as concrete, fiberglass, or plastic, can have different costs associated with them. Concrete tanks are typically more expensive than fiberglass or plastic tanks, but they are also more durable and longer-lasting.
  3. Soil conditions: The soil conditions of the property can also affect the cost of the installation. If the soil is not suitable for a septic system, additional work may be required to prepare the site, which can increase the cost.
  4. Drain field: The size and type of drain field required will also affect the cost. A larger or more complex drain field will cost more to install.
  5. Accessibility: If the site is hard to access, it can increase the cost of the installation. For example, if the site is located on a hill or in a remote area, it may require additional equipment or labor to install the tank.
  6. Permits and inspections: The cost of permits and inspections can vary depending on the location and regulations, they can add an additional cost.
  7. Labor: The cost of labor can also vary depending on the location and the experience of the septic system installer.
  8. Additional features: Some septic systems come with additional features, such as alarms, that can increase the cost of the installation.
  9. Maintenance: The cost of regular maintenance also should be taken into account when budgeting for a septic system installation.

On average, however, a new septic system can cost anywhere from $3,000 to $15,000 or more. It is important to obtain multiple quotes from different septic system installers to get an idea of the average cost of a new septic system in your area.

In conclusion, septic tanks play an important role in ensuring that homes and businesses are able to properly and safely dispose of their waste. They are a crucial component of many homes and businesses that are not connected to a public sewage system. While the cost of a new septic system can be substantial, it is a necessary investment that will ensure that your home or business is able to properly treat and dispose of its waste for many years to come.

Your Land Survey Questions Answered

Posted by Jason White on

What is a boundary survey?

A survey is a tool that provides valuable information about the boundaries, size, and shape of a piece of land. It is used to establish the legal boundaries of a property and to ensure that it is properly described in legal documents.


Why are surveys conducted?

There are several reasons why land surveys are conducted:

  1. To establish the legal boundaries of a property: A land survey is used to determine the exact location of the boundaries of a piece of land. This is important for establishing ownership and resolving boundary disputes.
  2. To create a map or plat of the property: A land survey creates a map or plat of the property that shows the location of the boundaries, buildings, roads, utilities, and other features on the land.
  3. To support the sale or transfer of property: A land survey is often required when a piece of property is being sold or transferred. It provides accurate and reliable information about the features of the land as well as the boundaries of the property. 
  4. To support construction projects: A land survey is important for construction projects because it provides accurate information about the boundaries and topography of the land. 
  5. To support land development and planning: A land survey provides important information about the topography, elevation, slope, and contours of a piece of land. 


What’s included in a land survey?

A land survey typically includes a map or plat of the property, which shows the legal boundaries of the land and any improvements or features on the property. 

The map or plat is usually accompanied by a written report, which typically includes a description of the property, including its size, shape, and location.

The map or plat of the property will typically show the location of the property in relation to nearby landmarks and other properties, easements, rights-of-way, or other encumbrances and may also include the location of any buildings, roads, utilities, and other improvements on the property. 

The written report accompanying the map or plat will typically include a description of the property, including its size, shape, and location. The written report may include information about the history of the property, such as any prior owners or uses of the land or information about the land survey process, including the methods and equipment used to gather data and the sources of information used to prepare the survey.

A survey may also include other materials, such as photographs, drawings, or other documentation to provide additional information about the property or to support the conclusions reached in the survey.

 

Why surveys are important..

A land survey is important because it can provide accurate and reliable information about the boundaries of a property, helping to resolve disputes and prevent costly legal battles.

In addition to resolving boundary disputes, a land survey is also important for construction projects. Before beginning any construction work, it is important to know the exact boundaries of the property and to ensure that the construction does not encroach on the property of others. 

A land survey is also useful for land development and planning purposes. It can provide important information about the topography of a piece of land, including the elevation, slope, and contours of the land. This information is useful for determining the suitability of a piece of land for a particular use, such as building a home or commercial development.

It is well worth the investment to obtain a land survey to ensure that a piece of property is properly described and its boundaries are accurately established.

 

How much does a property survey cost?

Land survey cost can vary widely depending on a number of factors, such as the size of the property, the complexity of the survey, and the location of the property. In general, a land survey can cost anywhere from a few hundred dollars to several thousand dollars.

Some of the factors that can affect land survey cost include:

  • Size of the property
  • Complexity of the survey
  • Location of the property
  • Type of survey

It is important to obtain multiple quotes from different surveyors to get an idea of the average land survey cost in your area.


How can I find a licensed land surveyor?

There are a few different ways you can find a licensed land surveyor:

  1. Ask for recommendations: You can ask friends, family, or colleagues if they have used a land surveyor in the past and if they would recommend them. 
  2. Search online directories: There are several online directories, such as the American Society of Land Surveyors (ASLS) directory or the National Society of Professional Surveyors (NSPS) directory, where you can find a list of licensed land surveyors in your area. These directories usually include information about the surveyors’ qualifications and areas of expertise.
  3. Contact your state licensing board: Each state has a licensing board that is responsible for issuing and regulating the licenses of land surveyors. 

 

It is usually a good idea to obtain quotes from multiple surveyors to get an idea of the average cost of a land survey in your area.

 

Purchasing Land? 6 Things to Consider

Posted by Gatlin on

Purchasing Land - Things to Consider

 

We’ve created a list of six things to consider while purchasing land. This list is not all encompassing but is a great start to your research.

Zoning

You’ll want to make sure you are complying with the city, and/or country’s zoning regulations. We wrote more about the things everyone should know about zoning in Sevier County, TN.  Pay special attention to reference the most updated regulations as they are subject to change. 

If you are outside of Sevier, County a quick google search should help you find the city or county’s zoning regulations that you are looking for!

Restrictions

You will find restrictions in the legal description of your warranty deed. These may either be in the body of the deed or attach as an appendix. 

If you need a copy of your warranty deed, reach out to the county clerk’s office. Some offices have online services! 

Not exactly sure what restrictions are or why they are important? Click here to find out! 

Easements

You’ll want to determine if you are subject to any easements. 

There are a few different ways to find out! 

A survey should show your property easements. You can also contact the utility companies; electric, gas, and telephone. 

You will also find property easements on file at the local assessor’s office.

Access to Utilities

To confirm if you have access to city water or sewage, contact the city’s utility department. You can find information about utility access for land in Gatlinburg here. 

If you do not have access to city water or sewage, you will need to have a septic system installed and a well drilled to develop your land. 

We found this website to be a great resource for understanding the process of having a well installed. 

To install a septic system you must complete environmental testing, you can learn more at the Sevier County Environmental Health Department website. 

Survey or Environmental Testing

You will need a survey to determine the definite parameters of the land you are purchasing. 

A survey will also show utility easements. 

If you need to install a septic system a percolation test will need to be conducted. 

Taxes

To determine your tax liability you will need the appraised value, assessment ratio, assessed value, and the tax rate for your area. Check out our updated blog about property taxes in sevier county to learn more! 

We hope you found this information helpful as you consider purchasing land. Please, visit our website to find lots and land listed for sale in Sevier County, TN!