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.Jul 23, 2018
Overhanging Branches on Your Property Even if the tree trunk is on your neighbor's property, you have the responsibility for cutting any branches that extend onto your property line. You are responsible for the cost of cutting any branches you choose to trim. You can cut back anything up to your property line.Nov 2, 2020
It is common for Texas residents to question whether they have a legal right to remove a neighbor's tree limbs that hang over their property. Texas law generally allows you to remove encroaching branches, so long as you do not harm the health of the tree.Jun 30, 2017
If the roots or branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line. In law, this is called "abatement". If you don't want to do this yourself you can ask a district court for an order for the trimming or even removal of the tree.
Under common law, a person may cut back any branch (or root) from a neighbour's tree that overhangs or encroaches onto their property. ... you must not trespass onto the land on which the trees are growing. branches or roots must not be cut back beyond the boundary in anticipation of them overhanging.
You cannot force your neighbour to remove overhanging branches or fallen leaves on your property. However if these cause excessive damage, you can sue them for the cost of repair.
Under Texas law, even if your neighbor has the right to allow his tree limbs to hang over your property, you have the right to trim the leaves, and even cut the branches, if they pose a danger to your property or block your sunlight.Dec 17, 2018
Having trees checked regularly and dead wood removed is the most responsible – and wisest – thing you can therefore do. Where a tree from a neighbouring property has fallen onto your land, the owner of the tree will be responsible for the cost of clearing it, although it may well fall to you to arrange its clearance.
In general, there is no specific limit to the height that a tree is allowed to grow, but if the trees form a vegetative screen that is limiting a neighbours usage/enjoyment then it could be a High Hedge issue which Planning Enforcement would potentially get involved with.
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. ... You can cut them yourself but you must try to limit the amount of damage to the tree, which can be difficult to do.Feb 15, 2018
You are allowed, by law, to prune the roots or branches of a hedge if it's a nuisance and protruding into your garden. And therefore your neighbour can do the same if it's your hedge. ... Sometimes hedges are protected by law so it's best not to touch them until you know your rights.
The first thing you'll notice is the leaves drying out and curling up. But unlike in the fall the leaves will still be green. Then the leaves will start to fall off until there's no more on the tree. By this time it's certain the tree has been poisoned.
If a tree's branches overhang into your property from a neighbour's, you can trim them, but only up to the property line. You can't lean into the neighbour's garden to do this, though, as it constitutes trespass. If a tree is covered by a Tree Preservation Order, you can't cut the branches.May 2, 2018
The law of fallen trees in North Carolina is based largely on the legal theory of negligence. According to principles of negligence, the owner of the property from which the fallen tree originated will be liable only if the owner knew that the tree was hazardous or such hazard was obvious.Oct 21, 2016
In most cases, the answer is “no.” When such damage occurs to your neighbor's home due to forces outside your control (e.g., weather events), your neighbors may have to file a claim with their insurer to receive a reimbursement for the damage a down tree or branches cause. There is one exception, however.
2d 299 (Ala. 1989), the Alabama Supreme Court confirmed that a property owner has the right to remove a neighbor's limbs or roots that extend across the boundary line onto the owner's property.Oct 9, 2020
If the roots or branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line. In law, this is called "abatement". If you don't want to do this yourself you can ask a district court for an order for the trimming or even removal of the tree.
In general, there is no specific limit to the height that a tree is allowed to grow, but if the trees form a vegetative screen that is limiting a neighbours usage/enjoyment then it could be a High Hedge issue which Planning Enforcement would potentially get involved with.
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.Jul 23, 2018
Any damage to your home or garden caused by a tree is generally covered by your buildings insurance. If a tree was to fall from your property, a neighbouring property or from the road, your insurance company will probably recover any costs from whoever 'owned' the tree.Nov 30, 2015
Yes. If a tree on your land has been positively identified as the cause, and damage has resulted, then you are potentially liable for a number of costs that will be incurred by your neighbour. They could claim for the following: Any reasonable costs incurred to repair the damage caused.Jun 9, 2021
Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. If they want you to cut your tree or hedge just because they don't like the way it looks, it's up to you whether you do the work.Feb 15, 2018
All trees and brush removed shall be cut at ground level. Dogwood or other small flowering trees on the site shall not be removed. The use of climbing irons or spurs is positively forbidden in any tree.
It is common for Texas residents to question whether they have a legal right to remove a neighbor's tree limbs that hang over their property. Texas law generally allows you to remove encroaching branches, so long as you do not harm the health of the tree.Jun 30, 2017
The law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them. Do not just throw trimmings back over the boundary - this could constitute 'fly tipping'.3 days ago
Overhanging Branches on Your Property Even if the tree trunk is on your neighbor's property, you have the responsibility for cutting any branches that extend onto your property line. You are responsible for the cost of cutting any branches you choose to trim. You can cut back anything up to your property line.Nov 2, 2020
Family Law attorneys assist in situations like parents with juvenile issues, children seeking emancipation, singles with cohabitation and prenuptial agreements before marriage, and spouses or ex-spouses.
It is always a good idea to research your lawyer prior to hiring. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints. By researching lawyer discipline you can:
The law of Pasadena, Texas says that everybody who owns real property has to pay taxes on it. The term "real property" refers to land and buildings, as well as anything fixed to the land, like trees and natural resources.
Usually, Pasadena, Texas property taxes are decided as a percentage of the property's value. Tax rates differentiate widely, but they typically run from less than 1% up to about 5%.
In Pasadena, Texas, property taxes can become pretty perplexing. Legal disagreements can arise in the property tax context, even if there is no wrongdoing, and the dispute arises from an honest misunderstanding.
Pete has been practicing law for over 35 years. He has been Board Certified by the Texas Board of Legal Specialization in Consumer Bankruptcy and Business Bankruptcy since 1994. He graduated from Texas Tech University... Read More »
Herman Martinez is the leading and founding attorney of The Martinez Law Firm, a criminal defense firm in Houston. With over 20 years of experience, this attorney can be an excellent resource for individuals accused of a... Read More »
Tesha Peeples began her tenure with Holmes, Diggs & Sadler in 2008 as a law clerk, and is now a shareholder and top family lawyer with the firm. She has significant experience handling divorce, child custody, child... Read More »
YP - The Real Yellow Pages SM - helps you find the right local businesses to meet your specific needs. Search results are sorted by a combination of factors to give you a set of choices in response to your search criteria. These factors are similar to those you might use to determine which business to select from a local Yellow Pages directory, including proximity to where you are searching, expertise in the specific services or products you need, and comprehensive business information to help evaluate a business's suitability for you. “Preferred” listings, or those with featured website buttons, indicate YP advertisers who directly provide information about their businesses to help consumers make more informed buying decisions. YP advertisers receive higher placement in the default ordering of search results and may appear in sponsored listings on the top, side, or bottom of the search results page.
From Business: At the Freeman Law Firm, P.C. in Houston, Texas, we provide the skill and experience of a large firm along with the personal attention that you would expect to…
Nuisances. Nuisance is a common term used to refer to situations that may cause a neighbor to feel inconvenienced or annoyed. Many types of nuisances are regulated by both state and local laws. Below you will find references to areas of Texas law that govern nuisances, or issues related to nuisances. The list of laws we provide on this page is not ...
State law that restricts the ability to bring a civil suit against a shooting range for noise or nuisance relief due to firearm discharge. Section 342.004 of the Texas Health and Safety Code.
Section 544.006 of the Texas Transportation Code. State law prohibiting unauthorized signs, signals or markings on a highway. Texas Transportation Code, Chapter 683, Subchapter E. State law governing junked vehicles; declaring them a public nuisance. Nuisances are also regulated by Texas municipalities.
The attractive nuisance doctrine is intended to protect children who are too immature to appreciate the dangers presented by manmade objects or conditions. When an attractive nuisance exists, the landowner must take reasonable steps to locate dangerous artificial conditions and eliminate the danger or otherwise protect children. For liability to arise under the doctrine in Texas, four elements must be met. See the resources below for more information.
State law governing civil suits involving nuisances. State law that restricts the ability to bring a civil suit against a shooting range for noise or nuisance relief due to firearm discharge.
Covenant of "Quiet Enjoyment". The right to quiet, peaceable enjoyment of a rental property is an implied “covenant,” or promise, under the law. Many written leases also contain a clause guaranteeing a tenant's ability to live peacefully in their rental.