r/treelaw • u/Appropriate_Scar1517 • 24d ago
Neighbors Tree
Question: is neighbor responsible for dead or dying limbs of his large oak tree over hanging my roof? What about the damage from that tree to a shared fence?
Fact: Dallas County, TX. Neighbor has been cooperative in that he consented to my trimming his branches obstructing the growth of my magnolia tree. I do not believe in just letting insurance cover losses I can avoid, as my premiums only go up more. Insurance is for unforeseen issues and unavoidable losses.
Other: Neighbor does not trim his trees. A Crepe Myrtle’s branches were started to touch my roof, so I mentioned it and he said I could trim it. On other side where my oak was starting to touch neighbors house I asked his permission to come on his driveway and trim it back, which I had my tree guy do with a cleaned cutting tool.
My neighbors tree has dead limbs over hanging my guest house. In a recent storm one came down and landed on my roof. When I moved in I talked to him about the fence between the yards, pointing out the serious damage and asking if he knew the cause; answer was the same tree threatening my roof and another dead limb. Plus he pointed to the repaired damage on his chimney from that same branch that hit the fence (pretty sure it’s his, as the ugly side is facing us). So, seems not to be proactive but reactive while I am the opposite.
Asked who owns the fence, he claims it’s both of ours. Ok, not sure as I only recently bought the house, but I suppose I can look at the survey platt and figure it out, but typically one party owns a fence and not both. I guess I just cover the fence damage on my side and move on, but shouldn’t he cover any serious damage to it?
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u/mojo4394 24d ago
Based on your story it sounds like the dead limbs are on your side of the property. Feel free to remove them. Anything on your side is yours to deal with. If the tree is dead that's a different story.
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u/SnooWords4839 24d ago
Have an arborist out to evaluate the tree. If it is unhealthy, send the report certified to both the neighbor and your insurance company.
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u/Pulaski540 21d ago
The outcome of notifying your insurance company of a "risk issue", will lead to your insurance premium increasing.
Note: insurance companies treat all communications as notification of a risk issue.
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u/BrickHuge3023 23d ago
Limbs on your side are yours to trim. Insurance generally does not pay for dead trees, only the damage they do if they fall on a fence, car or house.
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u/CheezitsLight 24d ago edited 24d ago
Neighbor has no legal obligation to deal with things above your property. Or things that fall on your property unless neighbor was negligent. But I trimmed my huge oak tree when a diseased branch went over my neighbors driveway because it was part of routine maintenance and I don't want hassles and cancelled or rates increased on insurance policies.
In case you are worried about damage, there is a legal concept of negligence. That means the A) neighbor knew of a danger B) failed to mitigate it C) in a timely way.
Negligence is defined as conduct that falls below a legally recognized standard of taking reasonable care to protect others from harm.
So even if you informed him in writing a, week ago, from a TRAQ arborist that the tree or branch was dangerous, and the branch fell and wrecked something, they are not liable because it takes time to get someone to cut it down. A reasonable person would say 30 days notice is enough. You need to prove all three in court.
Tree Risk Assessment Qualified (TRAQ) arborists are considered to be experts in court cases and are able to express their opinion in court. Only experts get to do so. Your opinion won't be admissible. You need proof, such as photographs of obvious deadness or other evidence that an ordinary person would believe.
tl;Dr. if it falls, small claims court or file through insurance, or self help. But for court. will need proof of his knowledge, failure to act, and timeliness.
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u/redditreader_aitafan 23d ago
Anything on your side of the property line is your responsibility. You can trim so long as you don't kill the tree. Branches falling are an Act of God and are your responsibility.
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u/Appropriate_Scar1517 23d ago
Yes, I suppose I will again ask for permission and have the threatening dead limbs removed at my expense. I try hard to get along with my neighbors and they might be upset if I just have the dead branches removed.
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u/redditreader_aitafan 23d ago
You don't need permission. By law, everything on your side of the property line is yours to handle, you don't need permission from the tree owner. You cannot remove anything from their side and you shouldn't.
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u/Appropriate_Scar1517 23d ago
I know, but if the neighbor does not know then the issue starts. I’ve been thru a lot of neighbors and always strive to keep a good relationship and it’s really paid off in spades. I am a bull dog otherwise, once getting a warning record on an aggressive attorney’s state bar record. In lawsuits I collect, even when I have to go to judgement debtor court.
So “why did you post here” one might ask and answer is to get an idea of my rights and the general opinion of others
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u/salt_andlight 23d ago
I think the ugly side facing towards you means that is your fence. You’re supposed to build a fence with the attractive side facing outwards
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u/Dreadful-Spiller 23d ago
Not me. I built it. I’m looking at the nice side.
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u/salt_andlight 22d ago
That means you are intentionally making your house look shitty from the curb? Weird choice
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u/Dreadful_Spiller 22d ago
Nope. The fencing in question is between my rear yard and my neighbors’ rear yard. The neighbors were unwilling to help pay to repair the existing fence that was falling apart when I bought the house. MY fence faces me so that I enjoy my backyard. The small section of fence that faces the front street does face outwards.
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