An experienced real estate lawyer can also assist you in filing the necessary paperwork to bring a lawsuit, providing representation in court, and recovering any damages. Additionally, your lawyer can inform you of your rights and will be able to answer any questions you may have about tree and neighbor disputes.
Sometimes disputes arise between neighbors when trees belonging to one property owner fall on and damage or destroy adjacent property. In such cases, the tree owner is only responsible for damage if some failure to maintain the tree contributed to the damage.
"Serious harm" ordinarily means structural damage to property, for example damaged roofs or walls, crushed pipes, clogged sewers, or cracked foundations. If a tree encroaches on neighboring property, the neighbor may sue if the tree was planted, not "wild."
If the plaintiff prevails, the court may then order the neighbor to pay for and remove the tree or at least the parts of the tree that are posing the danger. Do I Need a Lawyer to Help Me with My Tree Problem?
You may not cut down the tree. You need permission to enter the tree owner's property. You cannot injure the tree when trimming. Trimming may only occur up to the boundary line between properties.
“Dear (neighbor): In the interest of being a good neighbor, I wanted to point out something on your property that is a potentially dangerous to both of our families; your (name of trees) appear (diseased, damaged, in danger of falling — be specific) and just in case you were not aware of it, I wanted to bring it to ...
Under Texas property laws, if a tree falls from natural causes (lightning, storms, water) the property owner of the place where a tree has fallen is responsible for removing the tree. This includes situations in which a tree that was rooted in a neighbor's yard has fallen down onto another neighbor's property.
If your neighbour owns the tree or hedge If you think your neighbour's tree is dangerous, you can report it to the council - for example if you think it might fall over. They might ask the owner to make it safe or deal with it themselves. Search for 'trees' on your council's website to find which department to contact.
Openly share with your neighbors your fear that the tree will fall and ask them if they have any ideas on what might be done. And remember: It is in both of your interests to collaborate. If they are short on cash, consider even volunteering to support some small part of the cost.
If your neighbour's tree falls on your house, your own house and property insurance should cover you, similarly if your tree is blown onto your neighbour's property their home insurance should cover him.
You have a common law right to prune back parts of a tree or hedge growing over the boundary into your property (subject to any legal restrictions being overcome first such as Tree Preservation Orders or conservation areas) but you cannot compel the owner of the trees or hedge to carry out this work or pay for it.
If the branches of a neighbour's tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbour's property, as long as the tree is not under a tree preservation order.