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Counsel regarding neighbor's trees

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David in Cent.

01-04-2007 08:26:18




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Help...My neighbor's oak tree is choking my smaller pecan tree's growth by extending about 10-15 feet over my property. My question is this: Do I have the legal right to cut my neighbor's tree limbs that overhang my property? If so, would that limit the continued root growth toward my pecan tree? Thanks for your help




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PaMasseyBob

01-05-2007 15:57:28




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 Re: Counsel regarding neighbor's trees in reply to David in Cent. Texas, 01-04-2007 08:26:18  
Next time you see him leave, spirnkle a little rock salt around the base of the oak. Within 6 months, the guy will be asking to borrow your chainsaw to cut up the dead tree.



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John T Country Lawyer

01-05-2007 08:35:45




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 Re: Counsel regarding neighbor's trees in reply to David in Cent. Texas, 01-04-2007 08:26:18  
David, this is simply too big a can of worms to cover here, theres whole volumes and large bodies of law to address it which cant be covered in a paragraph here plus different states have different laws SO MY FREE LEGAL ADVICE IS TO ASK A "LOCAL" ATTORNEY

That being said you "generally" (and thats a big general) can stop envroachments onto your property i.e. cut any limbs hanging over BUTTTTT T if you were to dig up roots under your property whick killed the neighbors tree THEN YOU MAY BE LIABLE. Add to that any laws concerning "first in time first in right" and "coming to the nuisance" can make this complex and a VERY LOCAL ISSUE which I simply cant answer sittin here especially in a few paragraphs.

FIRST talk to the neighbor cuz its best to avoid any conflict and the more you can stay away from a bunch of expensie attorneys gettin involved IS PROBABLY BEST LOL then if that fails seek LOCAL LEGAL ADVICE

Best Wishes n God Bless yall

John T Country Lawyer BSEE, JD who had a "real life" FIRST as an engineer and farmer BEFORE retiring from engineerign n becoming "Law Man" a laid back semi retired small country practice

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David in Cent. Texas

01-05-2007 09:06:51




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 Re: Counsel regarding neighbor's trees in reply to John T Country Lawyer, 01-05-2007 08:35:45  
A very special thanks to all who have given counsel regarding the tree. To those who asked, I am located in the city limits of Abilene and the pecan tree is about 7 inches in diameter. Both trees were in place when I purchased the house. I have made several attempts to visit with the neighbor (just to say "Hi, we are new here in town") but he is a big wig in a local university here so it's likely he would not be too friendly if I broached the subject. I will likely just leave things as they are. Thanks again. You have given me much to ponder.

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John A.

01-05-2007 21:08:26




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 Re: Counsel regarding neighbor's trees in reply to David in Cent. Texas, 01-05-2007 09:06:51  
David, Visit with some local tree experts there in Abilene, about moveing your Pecan tree. Even a 7in diameter tree (measured @ 6 inces above the soil grade line) can be successfully moved just need a good tree mover with a 90 in tree spade to do it. The kind of spade I am mentioning is usually found on the back of a Twin-screw Semi tractor. Your soil there might be a factor depending on the rock. So on the other hand it can be hand dug, B&B ed, then moved to a new hole on your place. We are in the Perfect time of year to move trees here in Texas. It will run into some cost to relocate the pecan tree. But to start cutting on his tree, even thoug you are with in your rights to do so will open up hurts, liability, and cause damage that you may not recover from, fianically, personally, later emotionally, ridicule from neighbors who can't belive you did that to this stately old tree, ect.,etc.,....
Anytime one goes to cutting on a tree that grows over anothers property line, without visiting with the owner,and discussing the situation. whether the trimm job is necessary or just anoying you,,,You are basically taking your life in your own hands. Womacks nursery at Deleon, may be able to shed some light on this subject for you. Though they speecialize in large quanities of fruit, nut trees for the local growers of Cen-Tex..
BEFORE you go to a Lawyer VISIT with your neighbor first, about problems, potetial problems etc, etc, etc. Hope this helps!
Later,
John A.

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Dug

01-04-2007 20:26:06




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 Re: Counsel regarding neighbor's trees in reply to David in Cent. Texas, 01-04-2007 08:26:18  
While I don't know the law in your particular locale, I tend to agree with Rusty Farmall. Sounds like the tree was there before you or your pecan. Should have planted the tree elsewhere.



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Pooh Bear

01-04-2007 20:05:45




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 Re: Counsel regarding neighbor's trees in reply to David in Cent. Texas, 01-04-2007 08:26:18  
Consider that in a town near here the tree trimming companies that keep the power lines cleared aren't even allowed to trim up trees without the owner's say-so. If the owner says no, then the trees have to be left alone. And the owner is not responsible for any damage to the power lines should it happen.

Also consider a simple apple tree growing next to a property line. The tree limbs extend over onto the adjoining property. In most municipalities the owner of the adjoining property may pick up apples that fall to the ground in his yard, but if he picks them directly off the tree he could be charged with theft. Never heard of it happening but I imagine that trimming that apple tree so that apples don't fall on the adjoining property could result in a vandalism charge.

My point is you really need to know what the local law is relevent to this issue.

Pooh Bear

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John A.

01-04-2007 19:26:08




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 Re: Counsel regarding neighbor's trees in reply to David in Cent. Texas, 01-04-2007 08:26:18  
David, Sounds to me you live in town or a newer subdivision. We need more info on you particular
situation!!! My S-I-L lives in Old town Dallas off the M streets to the east of Central. Precisely Mockingbird and Skillman area. She has a pristine Redoak in her yard. Would take two grown men to reach around. Her neighbor an old lady took a dislike to this tree for it did have limbs that reached over her property, Didn't come near touching anything at all. for my s-i-l kept it trimmed up vey neatly.
Out of the clear blue This woman didn't like the leaves on her yard so she had the tree butchard. Cut all limbs that crossed over her property line straight up. She really hurt this tree, later learned she was trying to Kill it. By the way the property lin fell 10 to 15 ft to the east of the tree it now has the large 3 to 5ft stumps that were once limbs. and the tree is some what out of ballance too.
All this said .... You can cut limbs that hang over your property line, but you may be opening up a whole new can of worms if your cuts lead to this trees death!!!!. Is it really worth a neighbors friendship, hurt feelings etc. etc. etc. Could you tree be relocated? Trees up to 6 to 8 inchs can be transplanted with a lot of success.
Where in Cen-Texas are you?? I may know guys that can help you both ways. Hope this helps.
Later,
John A.


Perhaps your trees can be transplanted?? How big a diameter @ 6inchs above soil line 2-4-6 ins

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James in North Carolina

01-04-2007 18:54:48




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 Re: Counsel regarding neighbor's trees in reply to David in Cent. Texas, 01-04-2007 08:26:18  
I have no idea what the law is in your state or what the county policy is. I would stringly suggest speaking to your neighbor first though. I had a tree that was growing by my fence at my former house. The neighbor behind me decided to plant a garden where the branches from my tree overhung the fence.

Instead of speaking to me first which would have resulted in me trimming the branches myself, he simply cut off the branches then threw them over the fence into my backyard. I had no idea what was going on until I came home from work and saw the branches in my backyard.

Any good relationship that would have existed between us was ruined by that. A few weeks later, I took the tree out(it was only about 12-13 feet tall) and put up a privacy fence. The shade from the fence put an end to his garden.

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lucasss

01-04-2007 11:27:53




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 Re: Counsel regarding neighbor's trees in reply to David in Cent. Texas, 01-04-2007 08:26:18  
did you talk to your neighbor about it? may be the easiest solution. here in ky we can cut overhanging limbs without asking,but letting yor neighbor know what your thinking is allways best i think lucas



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RustyFarmall

01-04-2007 10:44:53




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 Re: Counsel regarding neighbor's trees in reply to David in Cent. Texas, 01-04-2007 08:26:18  
The roots of that oak tree extend onto your property just as far as the limbs do. Lopping off the limbs at the property line will not do you much good. It's a safe bet that the oak tree was there before you were, and you, or whomever planted the pecan trees, knew the oak tree was there before the pecan trees were planted, so basically it is not your neighbors problem. You can either move the pecan trees, or give up and plant new trees where they can stand alone.

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old

01-04-2007 10:33:53




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 Re: Counsel regarding neighbor's trees in reply to David in Cent. Texas, 01-04-2007 08:26:18  
Thats one of those thing that you would need to look up the laws of your state and county before you do any thing. You should also first talk to the guy if your on speaking terms that is and work it out between the 2 of you. Its always best if you can agree on things before you do things or you could end up in court even if the law is on your side, but either way if you end up in court it will cost you big $$ just to be right or more if your wrong

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Brian in NY

01-04-2007 10:32:26




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 Re: Counsel regarding neighbor's trees in reply to David in Cent. Texas, 01-04-2007 08:26:18  
Don't know the law in Texas, so I might check with a someone who would know in your area (zoning officer, town justice etc), but if it were me here in NY....that tree would be trimmed up to my satisfaction.



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TomTX

01-04-2007 08:51:38




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 Re: Counsel regarding neighbor's trees in reply to David in Cent. Texas, 01-04-2007 08:26:18  
David, are you in the city limits or an incorperated area. If you are living in the county, then you can probably cut the limbs right at the property - - be sure to cut them at least 6 or 8 inches on your side of the property line to avoid any issues. Don't say you are doing it because to the crowding, just say you are "planning" to move something tall down that fence row and needed to trim the limbs back out of the way. Tom

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Mark

01-04-2007 10:15:34




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 Re: Counsel regarding neighbor's trees in reply to TomTX, 01-04-2007 08:51:38  
Well, you know, everything is bigger in Texas...and therefore a neighbors tree might lawfully be able to expand over onto your property. But, it is my thinking that you own the airspace (within reason) above your property and if the neighbors tree is encroaching your property/air space, I think it your right to whack it back. Don't go to shooting at high flying planes though:)!



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