COMMUNITY FORUM

JillPeacock

11:01AM | 08/05/07
Member Since: 08/04/07
1 lifetime posts
Bvlawn
I noticed that several people have asked this question, however, I have not been able to find a reply. I don't need legal advise. I need to know how to remove paint from my oak tree without hurting the tree. Thank You.

Billhart

02:18PM | 08/05/07
Member Since: 04/25/05
1916 lifetime posts
what kind of paint and how much of the tree is covered.

My though would be to let nature take it's course.

MistressEll

08:07AM | 08/11/07
Member Since: 01/30/05
361 lifetime posts
If a local arborist, infestation inspector, or other official has marked your tree with a condemnation, removal, infestation, or other symbol to tamper, attempt to remove or obscure it could be both a civil and criminal act.

You asked for legal advise - this would indicate to me that either the mark was placed by an official indicating disease or infestation, or unsafe condition of the tree and/or possibly that the tree or part of it resides on an easement and encroaches on present or future use.

This is not a legal forum, however, be advised if the paint (like a red or orange X, for example) was placed by an official act - tampering with it could bring penalty.

Now....on the other hand if your reason for asking for legal advice is that you or your child committed a vandalism upon said tree and you now wish to restore the tree with a minimum of damage - you'll need to indicate more than you have; AND suggest you consult a professional arborist and pay for the restoration, SINCE if you committed a vandalism, AND the tree suffers damage as a result of your clean-up efforts (and/or you are the subject of a civil tort) you'd want to mitigate not only the paint damage but the potential damage during removal of same - and spread the liability around regarding if the tree suffers additional damage or stress (and/or has to be removed or replaced).

You didn't mention the age of the oak, nor the type. Dealing with a swamp oak versus a cork oak versus an established burr, white or red oak, versus a black oak would be entirely different. Also the extent of the paint - type of paint, etc. The age and health of the tree would also effect what might be the most prudent approach.
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