I’m not suggesting you’re guilty of doing this but I hate when people make a statement and follow it up with “fact”. Who started this gay trend?
They did? All I remember is being at Buffalo Wild Wings and drinking, watching the faces of those two idiots over and over. Figures, lol.
Some call in guy on sports radio, like a Rome rant. I laugh on the rare times I hear him. I did it because I happen to know this as Texas law, so I cut the the conversation short.
to me, it would only seem right that anything over the property line should be fair game. i've got a great neighbor who has a beautiful garden. but his trees and bamboo overhang so much that it's difficult to mow my lawn without ducking my head. i just cut them without asking. didn't know it could be illegal.
You can hack it straight up from the ground to the moon on the property line so long as it is not likely to kill the neighbors plant. So you can disfigure it, but you can' t kill it.
I thought it was just common sense that anything hanging into your yard can be cut...dunno, if anyone could just let anything grow into your yard that would cause a lot of problems. Especially when it's a tree hanging on your roof in a hurricaine prone area of the country. It's called 'your property' for a reason, yes? Cut that **** or I'll cut it....hell I always cut my trees to keep them away from the neighbors land...my dad was adamant about teaching me that growing up. Be considerate of others. Is that wrong?
After Hurricane Rita, I remember the Chron doing a reprint of several articles by a lawyer related to tree trimming. It seems to say cutting is fine as long as it does not kill the tree. Here is the information, if it helps. ------------------------------------------------------------------- http://www.chron.com/life/gardening...bout-downed-trees-and-more-1765611.php#page-2 What the law says about downed trees, stray limbs and more RONALD LIPMAN, For the Chronicle Published 05:30 a.m., Monday, September 15, 2008 Editors Note: The information in this column is not intended as legal advice but to provide a general understanding of the law. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances. <-deleted parts that do not pertain to original post-> Q: Our neighbor's tree limbs hang over our roof and are causing damage. Can we cut the tree limbs without his permission? A: Yes, you can. But be careful. If you kill the tree, you can be held liable for the cost of replacing it. Therefore, you may want to consider hiring a professional tree-cutting service to cut the tree for you. You can trim the limbs, just don't kill the tree 7/14/2008 Q: In one of your articles you stated that you can prune tree limbs that encroach onto your property, but you can be liable if the pruning kills the tree. I agree that you have the absolute right to trim trees encroaching on your property, but I have not seen any Texas case law that holds you liable if the tree dies. I would agree that you cannot inject poison to an exposed cut. Can you share any Texas case law you have on this issue? A: Most of the tree cases in Texas involve trees as boundary markers or the harvesting of trees off a neighbor's property. There are also a few easement cases and some nuisance cases. In the easement cases, utility companies are generally allowed to cut branches and trees as reasonably necessary to have full use of their easements, but they can't cut down trees outside their easements. Most of these cases don't directly address the kinds of tree issues that come up so often in an urban setting. There are, however, a few cases that do touch on this subject, and they offer some insight into the way courts might analyze this kind of issue. The first case, Gulf v. Oakes, was decided in 1900 by the Texas Supreme Court. In that case, a railroad company planted Bermuda grass on its right of way, and the grass spread to an adjacent property owner's property. The neighbor sued the railroad for damages, claiming the grass made it difficult for him to grow his crops. Although the jury found the railroad liable for damages totaling $200, the Texas Supreme Court determined that the railroad company had done nothing wrong. The court stated as part of its opinion that when a tree's roots and branches extend upon another's land, the tree's owner is invading his neighbor's land. That invasion is a violation of the absolute right of the neighbor to have exclusive possession and use of his land. The court concluded that the growth of grass was a different matter and found that the railroad was not liable. In 1995, an appeals court in Dallas issued an opinion in a case involving a healthy 65-year-old tree where a huge limb fell onto a neighbor's chimney and roof during a severe storm, causing substantial damage. The case was called Westergard v. Whatley. The court held that the actions of the tree's owner did not amount to trespass or a nuisance. The owner of the tree had even given prior consent to the neighbor to trim the tree and would have agreed to let the neighbor remove the limb that extended over the property line. Two years ago, the Waco court of appeals considered a slightly different issue involving the poisoning of a tree, as you mentioned in your question. In this case, styled Withrow v. Armstrong, the adjoining property owner poisoned a tree on her neighbor's property by injecting poison into the roots that had spread onto her property. The poison killed the tree, and the tree's owner sued for trespass and damages. Trespass is defined as either entering another's property without consent or causing or permitting a thing to cross the boundary of the premises. The court found that because the poison migrated through the roots to kill the tree, a trespass had taken place, and the tree's owner was awarded $5,000. Other tree owners may not be as successful as the one in the Withrow case. That case had such egregious facts that it was easy for the court to find the adjoining neighbor responsible. Another court might be more reluctant to find a neighbor liable for killing a tree if the neighbor acted in a prudent fashion when cutting down the limbs that extended over the property line. It would appear based upon the cases discussed that Texas residents do have the right to trim the branches of a tree that encroaches on their property, but if the pruning kills the tree, the neighbor might be able to make an argument that trespass was committed and the neighbor is responsible for damages. However, each case is fact specific. Therefore, if you act reasonably, like the homeowner in the Westergard case, a court will probably not find you at fault. It is usually best to hire a licensed and insured tree service. Chances are they will know how to trim the branches without killing the tree. You should also make sure the service only cuts tree branches that clearly extended onto your property and that the service never sets foot on your neighbor's property without permission. You should also check to see if your town or subdivision has a law or ordinance that addresses a property owner's right to trim a neighbor's tree. In some situations, it may also be a good idea to discuss your plans with your neighbor or possibly to inform the neighbor in writing, so that you can discuss the issue and devise a solution before there's a dispute. Dig into tree root issue before damage is done. <-deleted parts that do not pertain to original post-> Ronald Lipman is an attorney with the Houston law firm of Lipman & Associates. He is board certified in estate planning and probate law by the Texas Board of Legal Specialization. Questions for this column, 100 words or less: State Your Case Houston Chronicle P.O. Box 4260 Houston, TX 77210
I need to do this to the tree behind my yard. It's getting ridiculous. A little consideration for your neighbors goes a long way.
