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Real Estate Trees Document

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REAL ESTATE TREES AGREEMENT

Parties and Property Identification

This Tree Preservation, Maintenance and Removal Agreement ("Agreement") is entered into between:

Recitals and Purpose

The parties acknowledge that trees located on or adjacent to the Property contribute to the value and habitability of the Property. This Agreement sets forth responsibilities for identifying, protecting, maintaining, removing and, where required, replacing trees and root systems, and allocating costs, permits and liabilities associated with such activities.

Definitions

"Tree" means an individual woody perennial plant described in the Tree Inventory. "Arborist" means a certified tree care professional with qualifications acceptable under local law. "Removal" means complete removal of a tree stump to below grade and disposal. "Replacement" means planting of new trees consistent with the replacement requirements in this Agreement.

Tree Inventory and Condition

The parties shall complete the following inventory of existing trees subject to this Agreement. The Inventory shall be used to determine protection, maintenance, removal and replacement obligations.

Protection, Maintenance and Access

The parties agree to the following protection and maintenance measures for all identified Trees:

1. Protective fencing, root zone preservation and construction exclusion zones shall be maintained in accordance with the Tree Inventory and arborist recommendations. Party responsible for implementation:

2. Routine maintenance (pruning, fertilization, pest control) will be conducted by: with inspections every months.

3. Arborist qualifications shall include certification and insurance as required by local standards. Minimum required certification:

Removal, Emergency Removal and Permits

No Tree identified in the Inventory shall be removed except as provided herein. For any proposed removal, the removing party must obtain all required permits. Party responsible for obtaining and paying permit fees:

Emergency removal to abate an imminent hazard that threatens life or property may be undertaken without prior consent but requires written notice to the other party within days and photographic documentation.

Replacement and Mitigation

When removal is authorized, replacement is required as mitigation at the following ratio: . Replacement species and planting standards:

Replacement planting must be completed within days of removal unless otherwise approved in writing. Security for replacement (if any) in the amount of:

Disclosures

The Owner discloses the following known conditions affecting Trees on the Property:

Liability, Insurance and Indemnity

Each party shall be responsible for its acts and omissions in connection with Trees. The party performing work under this Agreement shall maintain liability insurance and name the other party as an additional insured where required. Minimum liability coverage required:

The performing party shall indemnify, defend and hold harmless the other party from claims, damages or costs arising from negligence or willful misconduct in carrying out work under this Agreement, except for claims arising from the indemnitee's own negligence or willful misconduct.

Access for Inspection and Work

Owner grants Contracting Party and its agents reasonable access to the Property for inspection, monitoring, maintenance and planting subject to prior notice of days, except in emergencies when immediate access is permitted to mitigate imminent hazards.

Default, Remedies and Costs

Failure by a party to perform an obligation after written notice and a thirty (30) day cure period shall constitute default. Remedies include specific performance, recovery of costs to cure, attorney fees, and any applicable statutory remedies. Costs of corrective work may be charged as a lien against the Property to the extent permitted by law.

Governing Law; Entire Agreement

This Agreement is governed by the laws of the state in which the Property is located. This document, including any attached Tree Inventory, constitutes the entire agreement between the parties concerning trees on the Property and supersedes prior oral or written agreements on that subject. Amendments must be in writing and signed by both parties.

Notices

Notices required by this Agreement shall be delivered to the addresses provided below by personal delivery, certified mail, or other delivery providing proof of receipt.

Each party represents and warrants that the person signing below is authorized to bind the party to the terms of this Agreement.

Property Owner:

By:

Date:

Contracting Party:

By:

Date:

Enter text✕

What the Real Estate Trees Document Is and When It’s Used

The Real Estate Trees Document records the condition, location, ownership, and permitted actions for trees affecting a property. It commonly combines an arborist report, tree inventory (species and DBH), site map, and an agreement or permit authorizing pruning, removal, or preservation. Owners, buyers, contractors, municipalities, and title professionals use this document in sales, permitting, boundary disputes, and construction planning to allocate responsibility and document compliance.

Why a Clear, Signed Trees Document Matters

A signed Real Estate Trees Document reduces ambiguity about ownership, liability, and regulatory compliance. It supports permit approvals, protects buyers and sellers in transactions, and creates an auditable record that can limit disputes and municipal penalties when tree work is required or restricted.

Why a Clear, Signed Trees Document Matters

Who Typically Prepares and Signs This Document

Clear role assignment helps avoid delays: the preparer documents facts, the arborist provides technical findings, and the responsible owner or agent signs and retains the record.

  • Property owners and sellers who must disclose tree conditions, encroachments, or planned removals.
  • Real estate agents and title companies coordinating disclosures and closing documents during transactions.
  • Arborists, contractors, and municipal permitting officials who certify condition or authorize work.

Core Sections a Professional Document Should Include

A complete Real Estate Trees Document integrates technical data, legal terms, and signatures so it functions as both a report and an enforceable agreement.

Tree Inventory

List each tree with species, exact location on a site plan, and Diameter at Breast Height (DBH) so items are unambiguous for permits and contractors.

Condition Assessment

Arborist findings on health, structural defects, hazards, and recommended actions with dates to support safety-based removals or maintenance.

Map and Coordinates

Scaled site map or GPS coordinates showing tree placement relative to property lines, structures, and easements for legal clarity.

Authorization Clause

Explicit permission describing permitted work (prune, remove, relocate), contractor requirements, and any timing or seasonal restrictions.

Permit & Compliance

Reference to required municipal permits, permit conditions, and responsibility for application or fees.

Signatures & Dates

Signature blocks for owners, arborist, and contractor plus dates and notarization or witness lines if required by local law.

Stepwise Process to Complete and Execute the Document

Follow this sequence to ensure the document is accurate, signed correctly, and routed for any required approvals.

  • 01
    Survey & Inventory: Identify trees and map exact positions.
  • 02
    Arborist Report: Obtain written condition and DBH measurements.
  • 03
    Permit Check: Determine municipal permit needs before authorizing work.
  • 04
    Signatures: Collect owner, arborist, contractor signatures and notarization if required.

How to Configure an Online Workflow for This Document

Set up a digital process that enforces the correct signing order, authentication, and document retention for audits.

Field Configuration
Signing Order Owner → Arborist → Contractor (sequential)
Authentication Email plus SMS or ID verification for critical signers
Notifications Automatic reminders at 3 and 7 days
Storage Encrypted archival with version history

Typical Digital Signing Flow for Tree Agreements

An eSigning workflow speeds execution and creates an audit trail that supports permits and dispute resolution.

  • Upload Document: Sender uploads final PDF or DOCX file.
  • Place Fields: Add signature, date, and initial fields where needed.
  • Assign Signers: Enter signer emails and required authentication.
  • Capture Evidence: System records timestamps, IP, and actions.

Digital Signing and System Requirements

Ensure the chosen provider supports the authentication strength and archival retention your municipality or title company requires, and confirm HIPAA or other BAAs when health data is present.

  • File Formats: PDF, DOCX, and image files supported
  • Integrations: Works with CRM and cloud storage systems
  • Security: TLS and AES encryption required

Typical Timing and Permit Processing Expectations

Timelines vary by municipality; below are common expectations for document preparation and permit-related actions.

Arborist Report Turnaround:

7–14 days depending on schedule and site access

Neighbor Consent Window:

Allow 7–21 days for review and written consent

Permit Review:

30–90 days depending on local authority

Contractor Mobilization:

Typically scheduled within 7–30 days after approval

Record Filing:

Retain executed documents immediately upon signature

Common Preparation Errors to Avoid

  • Using vague location descriptions rather than a scaled site plan leads to contractor or permit confusion and disputes.
  • Failing to confirm municipal tree ordinance thresholds for DBH or protected species can result in fines or work stoppage.
  • Not obtaining written neighbor consent when required creates the risk of injunctions or removal orders.
  • Omitting contractor insurance and indemnity clauses exposes owners to third-party liability for property damage.

Potential Legal and Financial Risks

Municipal Fines: Civil fines and stop-work orders
Contractor Liability: Damage claims for improper removal
Title Defects: Undisclosed encroachments affect closings
Permit Denial: Work halted until compliance achieved
Neighbor Lawsuits: Injunctions or damages may follow
Insurance Gaps: Lack of coverage increases out-of-pocket costs

Practical Examples from Real Users

Below are two anonymized real-world examples showing how completed documents resolved issues or accelerated transactions.

Martin Properties

A local brokerage needed remote execution for tree removal agreements during closings

  • Tim Martin, Founder, noted mobile and offline signing options
  • The signed document enabled timely contractor mobilization and satisfied municipal documentation requirements, improving closing timelines without in-person meetings.

Optica Ventures

A property manager required consistent tree-condition reports across multiple lots

  • Brian Fitzgibbons, COO, emphasized usability for team and customers
  • Standardized, signed reports reduced follow-up questions, clarified owner responsibility for removals, and streamlined vendor scheduling.

eSignature Pricing and Feature Comparison for Executing Trees Documents

Platform pricing and feature availability affect total cost and operational fit; the table compares common vendor starting prices and key capabilities.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Key Data Elements to Capture and Protect

Property Address: Full street address
Owner Name: Legal name on title
Tree Location: Site plan or GPS
Species: Common/Latin name
DBH: Diameter in inches
Consent/Permit: Permit ID or signed consent

Frequently Asked Questions About the Real Estate Trees Document

Answers to common questions about signing, notarization, retention, and disputes to help reduce friction during preparation and execution.


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