"Doug Lassiter" wrote in message
oups.com...
Excuse my posting to this group, but it pertains to trees!

A neighbor tells me that one of my live oaks has dead branches that are
overhanging his property and I need to get them trimmed. Do I
understand properly that this trimming is his responsibilty, and not
mine? With all due respect to him, I have no problems with someone
getting such branches cut off my tree, but I would rather not pay money
to protect his property (a backyard shed). He seems to feel that this
maintenance is definitely up to me. I've always understood the reverse
to be true.

I don't want to turn this into a legal case, and neighborliness is
another matter, but if there is Austin city code that applies, I'd very
much like to be aware of it.

Thanks

Doug,

There is no simple answer that you can print out, if that's what you are
looking for. Especially since you may be in the wrong.

The below Austin city site dances around the issue somewhat:

http://www.ci.austin.tx.us/trees/faq.htm#neighbor

If in fact the limbs *are* dead, the "common law" rule of thumb is that you
must remove them, or be liable for damage to your neighbor's shed were they
to fall. Conversely your neighbor might have a duty to mitigate his damages
by hiring a crew to trim the tree (and could send you the bill) rather than
allowing the branches to destroy his shed. If you did nothing and he sent
you a $400 pruning bill you'd have to pay it. If he did nothing and the
limbs took out a $2,500 garden shed, your liability might only extend to the
amount of the pruning bill unless he could prove negligence on your part.
There may be other factors involved - did he knowingly build a new garden
shed under a diseased tree?

If on the other hand the limbs are healthy, you have no duty to remove them.
Your neighbor could remove anything extending over his property line at his
option and expense as long as it did not damage the health of the tree.
This may be the circumstance you have in mind.

If you and your neighbor are in agreement that the limbs are dead, start
pruning. If on the other hand you believe the tree is healthy, or have
doubts about your neighbor's assessment, you may want to get a written
statement from an arborist which will either support your contention or
guide you in your course of action.
--
Mike Harris
Austin, TX