[Texasfisherman57]

I live next to a "vacant" wooded lot. There is a tall oak tree which looks to have been pushed by IKE that is leaning toward my house. The property owners live in the Port Neches area. I need to have something done with this tree before it falls on my house. Should I ask the owners to cut down this tree? Do I have to cut it down myself? Does this sort of property owner have to have insurance to cover this sort of situation? Will I have to cut it down myself?

Thank you,
Rayzor

 

[kenny]

I would contact the owner and talk to them about the tree. Maybe they'll volunteer to remove it. I had a neighbor's tree leaning on my roof so we split the cost of removal. That seemed fair to us both.

 

[USAFDAD]

This is interesting. This morning on TV I heard a lawyer talk about (and this is what I got out of it) if a neighbors tree fell on your property due to your neighbors neglect in keeping this tree heathy then the neighbor is at fault but if it falls on your property due to a hurricane or such then the neighbor is not at fault. So if the tree was pushed and is now leaning toward your property and then starts to die and say in a year or so it falls due to decay then it should be the neighbors fault, right?
I know this ( and only because of years listening to others) that if a neighbors tree has limbs on your property you can maintain those limbs as long as you do not end up killing the tree.

I'm sure there is other 2coolers more qualified on this matter.

I'm not a lawyer but this is a very interesting situation.

 

[Scott]

You need to notify them that you believe it represents a hazard and risk. Once they are put on notice, if they don't do anything and it does in fact fall and hit your house, you would have at the very least a claim for negligence which could be covered by insurance but I doubt they have homeowners since it is a vacant lot. My suggestion is try and get them to remove it, if they refuse, ask them if they mind you doing it yourself. They probably won't.

 

[Mont]

I would suggest you break out your chainsaw and cut it up and use it as firewood this spring. You lawyer types frustrate me beyond my ability to express at times. It's not that complicated. Cut it down, and burn it later.

 

[fisHRman]

Unfortunately it is a lawyer dominated world. If you have to trespass on their property to cut down the tree, I would venture to say you may have a problem. I certainly understand and agree with the idea behind Mont's suggested approach, but the best approach would be to talk to the neighbors, explain the concern, and see if you can resolve the issue.

 

[scwine]

I would suggest you break out your chainsaw and cut it up and use it as firewood this spring. You lawyer types frustrate me beyond my ability to express at times. It's not that complicated. Cut it down, and burn it later.

I agree.
Sometimes common sense is the most elusive sense of all.........for some.

 

[kdubya]

If you have to trespass on their property to cut down the tree, I would venture to say you may have a problem.

Legally, you are not trespassing unless there is a prior notification that you are not to enter onto the property (See Texas Penal Code).

If you cant get results from the owner quickly, like tomorrow, cut the dayum tree to where it wont damage your property.

I'd take pictures of the tree leaning over your property.

Kelly

 

[Redfishon]

I would suggest you break out your chainsaw and cut it up and use it as firewood this spring. You lawyer types frustrate me beyond my ability to express at times. It's not that complicated. Cut it down, and burn it later.

I agree if your that worried about it.. Cut it a bit with the chain saw then pull it over with your truck so it looks like it fell over during ike..Leave the splintered trunck sticking up and till them a road crew came by and cut it down.. O tell them it fell on your property so you had to cut it up..

 

[Nokillbill]

its easier to be forgiven than to get permission

 

[Johnboat]

Heres what I think.

If I were you: I would contact the neighbor immediately and advise them of your concern that the storm-weakened tree, or part of it, could fall on your house, and that all or part of it needs to be cut down and removed. If this is rejected, then I would put it in a letter, make one copy and put it on their door, certified mail them another copy and of course keep a copy. I would then hire a professional tree crew to do whatever is possible from my property to remove all overhanging limbs, etc.

If I were them: I would immediately give you permission at your expense to hire a professional tree crew (i.e. not a bunch of know nothing yo-yos with chain saws who could end up damaging themselves or both properties) cut down and remove whatever you feel is threatening your house, and also give permission for your professional tree crew to enter my property to do so. While your crew was there I would get a bid on whatever I felt needed to be removed or cut down on my property.

 

[Scott]

What happened to being a good neighbor? Talking to your neighbors is usually a good thing. Call him first. I am sure he will say cut away. If you can't get him in a reasonable time, go cut the risk down. I'm not a trespass law expert, but civil and criminal trespass are different. (Not having a posted sign in my opinion doesn't give you the right to go on another's property and cause damage to the property.) Usually there is a justification for a trespass to prevent harm to a person or property, but it will be a reasonable standard, so make sure you've taken pictures and document things in case your neighbor chooses to not be so neighborly.