I've a friend who has a neighbor who is threatening legal BS if he
doesn't remove a tree that she claims the roots of which are causing her
house foundation problems. She also says the branches of this tree
damaged her house in the recent wind storms.

They live way up north, in the west Round Rock/ Williamson county area.
I told him that the problems were hers and she was nuts to ask him to
remove the tree, but she claims to have spoken to a lawyer. I suggested
he contact an arborist.

I also mentioned that the property line was the dividing line for tree
limbs and roots, anything on her side of the fence was hers and her
responsibility...but I'm wondering, is that a local law, a state law or
even a law at all?

Comments, suggestions?

To my knowledge, if it's on her side of the property line she can remove the
limbs which hang on her property, but if she kills the tree some hefty fines can
incur. Is this woman an idiot? Why would she want any tree in Texas to come
down? As far as I know, trees do not mess with foundations unless they are
closer than 15 feet from the tree.


On Wed, 13 Aug 2003 15:47:42 GMT, whit wrote:

I've a friend who has a neighbor who is threatening legal BS if he
doesn't remove a tree that she claims the roots of which are causing her
house foundation problems. She also says the branches of this tree
damaged her house in the recent wind storms.

They live way up north, in the west Round Rock/ Williamson county area.
I told him that the problems were hers and she was nuts to ask him to
remove the tree, but she claims to have spoken to a lawyer. I suggested
he contact an arborist.

I also mentioned that the property line was the dividing line for tree
limbs and roots, anything on her side of the fence was hers and her
responsibility...but I'm wondering, is that a local law, a state law or
even a law at all?

Comments, suggestions?

The basic law is:
it's on my property, I can do what I want. It is legal, without permission
to cut any part of the tree that invades your property. Another issue they
need to be aware of, the owner of the part of the tree that's not on your
"friends" property, (ie: the property that the tree is rooted on) is NOT
responsible for any damage that extending limbs cause. I've, in the past,
warned neighbors to cut limbs from MY trees that were hanging over their
house. Your friends need to know that's what insurance is for.

whit wrote:

I've a friend who has a neighbor who is threatening legal BS if he
doesn't remove a tree that she claims the roots of which are causing her
house foundation problems. She also says the branches of this tree
damaged her house in the recent wind storms.

They live way up north, in the west Round Rock/ Williamson county area.
I told him that the problems were hers and she was nuts to ask him to
remove the tree, but she claims to have spoken to a lawyer. I suggested
he contact an arborist.

I also mentioned that the property line was the dividing line for tree
limbs and roots, anything on her side of the fence was hers and her
responsibility...but I'm wondering, is that a local law, a state law or
even a law at all?

Comments, suggestions?

animaux wrote:

To my knowledge, if it's on her side of the property line she can remove the
limbs which hang on her property, but if she kills the tree some hefty fines can
incur. Is this woman an idiot? Why would she want any tree in Texas to come
down?

I suspect she's from Dallas, you know how they like their neatly
manicured lawns ;o)

tongue firmly planted in cheek

Thanks!

That's what I thought, property rights and all that stuff. She sounds a
bit like a flake to me. Lawyer, sheesh!

On Wed, 13 Aug 2003 18:11:28 GMT, animaux wrote:

To my knowledge, if it's on her side of the property line she can remove the
limbs which hang on her property, but if she kills the tree some hefty fines can
incur.

Can she remove the whole limb, or only that portion which extnds over
their property.

-sw

Forget about your home insurance. Do not even think about calling them!

Example: Ice storm last year or was it 2001? Oh well... you remember it I'm
sure.

I had trees knocked down all over my property and neighbor's property. My
neighbor's tree (roots on her side, trunk and limbs crossed over to my side)
fell down plus a bunch of others all around.

So I called Nationwide, my insurer. Wrong!! The trees are not insured, only
if they fell and smashed the side of my house. So they did nothing and I got
a ding on my CLUE report, which is like your home insurance credit report
from just asking the question.

They spent nothing, did nothing, but I have one strike against me when and if
I sell my house to have it insured by the new buyers.

And NEVER call on a water claim. Those are the worst to overcome on your CLUE
report. Better to get a plumber, some bleach and a fan than call your insurer
over a burst pipe or leaking washing machine or hot water heater leak.

DO NOT EVER call your insurance company with your name and/or policy number
and a question. The information will go into your CLUE report and will be
considered an "insurance claim", even if they did nothing and it did not cost
the insurance company a dime.

You wonder how long a group of insurance companies can do well in business
with this sort of PR nightmare that they have initiated against us Texas
homeowners. Even if it did scrape the roof, I suggest that you just get a
roofer out there and pay for the patch rather than call the insurance company
to cover it. And yes, I am fairly sure that it is the owner where the limbs
are that have to keep the limbs trimmed, not where the base of the tree is.

It is not worth it to have a mark against your home insurance, because it can
cost you more in the long run (increased rates or unable for a new buyer to
insure your home), than you get back from the repairs they may pay for.

Best to All -- Gae

jac wrote:

The basic law is:
it's on my property, I can do what I want. It is legal, without permission
to cut any part of the tree that invades your property. Another issue they
need to be aware of, the owner of the part of the tree that's not on your
"friends" property, (ie: the property that the tree is rooted on) is NOT
responsible for any damage that extending limbs cause. I've, in the past,
warned neighbors to cut limbs from MY trees that were hanging over their
house. Your friends need to know that's what insurance is for.

whit wrote:

I've a friend who has a neighbor who is threatening legal BS if he
doesn't remove a tree that she claims the roots of which are causing her
house foundation problems. She also says the branches of this tree
damaged her house in the recent wind storms.

They live way up north, in the west Round Rock/ Williamson county area.
I told him that the problems were hers and she was nuts to ask him to
remove the tree, but she claims to have spoken to a lawyer. I suggested
he contact an arborist.

I also mentioned that the property line was the dividing line for tree
limbs and roots, anything on her side of the fence was hers and her
responsibility...but I'm wondering, is that a local law, a state law or
even a law at all?

Comments, suggestions?

On Wed, 13 Aug 2003 15:55:10 -0500, G a e X a v i e r
wrote:

DO NOT EVER call your insurance company with your name and/or policy number
and a question. The information will go into your CLUE report...............

Also, do not give anyone your insurance information as just a call
inquiring about claims on your policy from anyone goes on your record.
As best I can determine, that is!

Rusty Mase

On Wed, 13 Aug 2003 19:59:04 GMT, whit wrote:



animaux wrote:

To my knowledge, if it's on her side of the property line she can remove the
limbs which hang on her property, but if she kills the tree some hefty fines can
incur. Is this woman an idiot? Why would she want any tree in Texas to come
down?

I suspect she's from Dallas, you know how they like their neatly
manicured lawns ;o)

tongue firmly planted in cheek

Thanks!

Uh, we call it "Plano Hell." I can't tell you how many trees I've watched them
bulldoze out of the ground to build houses and plant sugar maples.

I felt like all my creative juices were being sucked from my existence when we
lived in Dallas.

I love Austin. I love everything about it. Trees, respect for environment,
cool people, people who remain young due to the great student population, etc.

V

On Wed, 13 Aug 2003 15:22:01 -0500, Steve Wertz
wrote:


Can she remove the whole limb, or only that portion which extnds over
their property.

-sw

But with a nut like that I'd be worried and concerned that she doesn't somehow
try to kill the tree with herbicides. If I were the tree owner, I'd call the
County Extension Office and see if this tree can be numbered or reported so if
she does do anything, she can be counter sued. I mean, the very worse thing I'd
ever do to my neighbor (and I strongly dislike him) would be to ask that he come
over and help with root pruning. However, there are not all that many trees
which cause structural damage to a foundation.

V

Never lived in one place to learn that have you? All, absolutely all residential
supports/slabs can, and ARE effected by large trees and roots.
living in a tent, I realize you wouldn't be aware of a home owners daily life.


animaux wrote:

On Wed, 13 Aug 2003 15:22:01 -0500, Steve Wertz
wrote:

Can she remove the whole limb, or only that portion which extnds over
their property.

-sw

But with a nut like that I'd be worried and concerned that she doesn't somehow
try to kill the tree with herbicides. If I were the tree owner, I'd call the
County Extension Office and see if this tree can be numbered or reported so if
she does do anything, she can be counter sued. I mean, the very worse thing I'd
ever do to my neighbor (and I strongly dislike him) would be to ask that he come
over and help with root pruning. However, there are not all that many trees
which cause structural damage to a foundation.

V

On Thu, 14 Aug 2003 03:11:34 GMT, jac wrote:

Never lived in one place to learn that have you? All, absolutely all residential
supports/slabs can, and ARE effected by large trees and roots.
living in a tent, I realize you wouldn't be aware of a home owners daily life.

There's that nasty temper of JAC's I was just referring to in
austin.food.

Jac rents *really* shotty apartments. He doesn't appear to know much
of anything about landscaping, nor maintenece from looking at his
property.

-sw

plonk


On Thu, 14 Aug 2003 03:11:34 GMT, jac wrote:

Never lived in one place to learn that have you? All, absolutely all residential
supports/slabs can, and ARE effected by large trees and roots.
living in a tent, I realize you wouldn't be aware of a home owners daily life.


animaux wrote:

On Wed, 13 Aug 2003 15:22:01 -0500, Steve Wertz
wrote:

Can she remove the whole limb, or only that portion which extnds over
their property.

-sw

But with a nut like that I'd be worried and concerned that she doesn't somehow
try to kill the tree with herbicides. If I were the tree owner, I'd call the
County Extension Office and see if this tree can be numbered or reported so if
she does do anything, she can be counter sued. I mean, the very worse thing I'd
ever do to my neighbor (and I strongly dislike him) would be to ask that he come
over and help with root pruning. However, there are not all that many trees
which cause structural damage to a foundation.

V

On Wed, 13 Aug 2003 22:38:51 -0500, Steve Wertz
wrote:

On Thu, 14 Aug 2003 03:11:34 GMT, jac wrote:

Never lived in one place to learn that have you? All, absolutely all residential
supports/slabs can, and ARE effected by large trees and roots.
living in a tent, I realize you wouldn't be aware of a home owners daily life.

There's that nasty temper of JAC's I was just referring to in
austin.food.

Jac rents *really* shotty apartments. He doesn't appear to know much
of anything about landscaping, nor maintenece from looking at his
property.

-sw

And now he is in the kill file.

Tree roots don't affect Steve, he lives on a park bench.


Steve Wertz wrote:

On Thu, 14 Aug 2003 03:11:34 GMT, jac wrote:

Never lived in one place to learn that have you? All, absolutely all residential
supports/slabs can, and ARE effected by large trees and roots.
living in a tent, I realize you wouldn't be aware of a home owners daily life.

There's that nasty temper of JAC's I was just referring to in
austin.food.

Jac rents *really* shotty apartments. He doesn't appear to know much
of anything about landscaping, nor maintenece from looking at his
property.

-sw