However, you should note that pruning should not cause damage to the tree or the owner`s property. In addition, branches can only be cut up to the property line. The following table provides more information about property lines and fences in Texas. Many cases make it clear that a landowner`s interest in trees is subordinated to a utility`s right to remove and prune trees that interfere with the necessary and proper functioning of the utility. The right of the general public to benefit from public services replaces the right of landowners to leave trees on their property intact. Pihlaja, Steve and Lorrie Stromme. 2002. In the Shade of a Tree; Analysis of the legal problem related to the tree. Minnesota State Bar Association.
Minneapolis. Bench and Bar of Minnesota, vol. 59(3). Online at: www2.mnbar.org/www2.mnbar.org/ benchandbar/2002/mar02/tree.htm Whether you have disputes with a neighbor or are trying to prevent them, the following information about Texas tree laws can help. As a homeowner, you`ll likely need to remove a tree at some point. But it`s important to familiarize yourself with the tree laws in Texas before doing anything drastic. Walking tree: (a) a tree 15 inches or more in diameter in a green corridor; or (b) a tree 20 inches or more in diameter outside a green corridor between a curb and an adjacent property line It can be a nuisance if the branches of your neighbour`s tree extend over your property. Before you pull out that chainsaw, though, keep in mind that the state you live in probably has laws that define what you can and can`t do with that tree. The laws of the State of Texas are clear about your remedies in such circumstances. If the branches or roots of a neighbour`s tree have crawled to your property, you have the right to cut the tree to the property line.
However, if you hurt the neighbor`s tree, you can be held liable for costly damage. If trees become old, diseased or damaged, it may be time to remove them from your property. Damaged or diseased trees can pose a major safety risk to both your family and your neighbours. Greenway: a portion of a major thoroughfare (at least one mile long) designated by City Council with trees 15 inches or more in diameter Many of us own trees as part of our properties. That gives us certain rights associated with those trees. Tree ownership also requires certain obligations on our part to prevent our trees from becoming a nuisance or burden. The objective of this publication is to reduce misunderstandings between neighbours about their trees. However, if a tree falls for natural reasons (storms, lightning, etc.), the owner where the tree fell is responsible for its removal and damage. Texas is a state rich in diverse flora, especially when it comes to our trees. To ensure that trees are properly protected and maintained, Texas has certain regulations. Right of way: Trees along the right-of-way of a public road A landowner with constructive or actual knowledge of a manifestly defective condition of a tree is liable for damage, injury or death caused by that tree. Tree owners in urban areas have a duty to inspect every tree on the site to identify and remove dangerous trees.
In rural areas, there is no obligation to inspect natural trees, but if you know or should have known that dangerous trees exist, liability applies to natural trees in those areas. In general, the holder of the easement has the right to remove obstacles within the scope of the easement that threaten the full use of the easement. The owner of the easement is also required to remove these obstacles so that the owner`s property is destroyed as little as possible. This is done only what is “reasonable and necessary” to ensure the full enjoyment of the servitude by the holder of the easement. Useful and necessary parameters are often subjective and depend on the facts and circumstances of each case. For most situations, there are tree pruning standards. If the development of a residential property includes a protected tree, the tree examination is conducted at the same time as the residential development plan. The tree permit is issued at the same time as the housing permit. How do we know if it`s our tree? This is your tree if you planted it or if a previous owner planted it and its main trunk is completely inside the boundaries of your property. Natural trees are also usually the responsibility of the owner of the land on which they grow. According to the trespassing law, others are not allowed to damage our trees.
People who cut, remove or otherwise damage our trees may be held liable for double or triple the value of the tree if the intrusion is maintained. Typically, the most controversial intrusion is tree pruning or maintaining rights of way by utilities or communities. You do not need a permit to remove single-family/duplex use trees on parcels of less than 2 acres. Texas law also addresses issues related to trees along the boundary lines. While a neighbor may own the tree, the roots and branches can often naturally invade a neighbor`s property. Texas law defines who owns a disputed tree, who has the right to cut branches on an invading tree, and who is responsible for damage caused by and to the tree. Branches that have been encroaching on a property for more than 10 years may constitute an exception to the common right to prune branches and branches that extend over a property. To avoid adhesion, ask yourself if cutting the branches will cause damage to the tree. Most importantly, consult with a competent real estate attorney to determine if these members have acquired a prescribed easement. According to the Fallen Trees Act, the owner of the tree is liable if a branch causes property damage. That is, if you have a branch that falls into the neighbor`s garden due to negligence, it is your responsibility to deal with the damage.
Contact us today to schedule the removal or pruning of your trees. We make sure your property (and trees) stay safe and free! Trees should be maintained so that a neighbour`s property is not damaged.