A Neighbour cut down my tree in Texas

The law in Texas is that if something overhangs onto your property, you can cut it back to the property line. It sounds like a piece of your tree was overhanging this other guy’s property and he had the right-of-way to whack it back.

Texas law states that if the tree is considered a “noxious growth” (i.e. poison ivy, poison oak, Briars) and the tree is relatively small, I could cut down the tree within 200 feet of my home without permission from the neighbour.

If your neighbour cut down your tree and damaged your fence line in any way, he may be legally obligated to pay restitution. This means that he may need to repair your fence line at his own expense and compensate you for any financial losses that you suffered.

You may be able to recover compensation for your tree through an action for damages or by filing a criminal complaint against your neighbour.

My neighbour cut my tree in Texas

As long as you do not attempt to cut down the tree on your neighbour’s property, you may be able to hold him liable for the value of your tree. Depending on how much you are asking will depend on how quickly he will want to reach a settlement instead of going to court.

My tree branches overhang my property in Texas

I want to trim the tree branches that overhang my property. In Texas, we have a Five Foot Rule that the owner of a tree could trim the overhanging branches up to five feet. However, it seems they take their tree with them since I don’t see them anymore.

My neighbour damaged my tree on my property in Texas

If your neighbour damaged a tree that is on your property, you can hold your neighbour liable for the cost of repairs. The tree will be viewed as one “item” for purposes of calculating damages and awarding relief to you.

You can sue your neighbour for damages to the tree, in small claims court. Your friend is liable for the replacement value of your tree, including the cost of rooting a new one, with a possible additional amount for damage to the aesthetic value of your landscaping.

My neighbour’s tree roots or branches damaged my property in Texas

When a tree or its roots, branches or limb(s) interfere with another person’s property, Texas law provides relief. A landowner who is injured by the nuisance of a tree in Texas may cut or trim the offending part of the tree if it is on his or her property. Private nuisances in Texas may be abated through self-help, so long as the action does not cause harm to the property of others.

Can my neighbour make me cut my tree?

In Texas, a tree owner may not intentionally or negligently cause direct damage to a neighbour’s land. Liability for injury or damage from branches or roots of trees falling on neighbours’ land is governed by Texas laws on nuisance and negligence. The owner of a fallen tree branch is liable only if the branch was somehow unreasonably dangerous. The responsibility for resolving the situation is generally on the party whose property was damaged, but in many cases that might be more complicated than taking things into his own hands.

If your neighbour’s tree branches or roots extend onto your property and you sustain damage as a result, you can sue her in small claims court without an attorney. You can file a claim for the cost of removal, but you can’t force your neighbour to cut down the tree.

How can I get my neighbour to cut his dead tree in Texas?

So you’ve got a dead tree in your backyard and you’d like the owner of said tree, your neighbour, to cut it down. An economic analysis shows that it’s cheaper to do this in the summer months. Landscapers offer a variety of services — research their websites for a task such as this, or simply ask them for costs at a local big-box home improvement store.

If it looks like it is threatening to damage your property, the neighbour’s liability insurance would probably cover it if it is fully dead and rots. You may be able to convince him that he has something to lose along with his pride. I’d recommend calling the insurance company providing evidence and asking their opinion. You have a strong position here since you will avoid litigation

What happens if I cut my neighbour’s tree down in Texas?

In Texas, if you cut your neighbour’s tree down, they can hold you liable for any damages the tree’s removal caused. Texas law allows a lack of care resulting in a neighbour’s tree crossing onto your property to be sued for trespass. The law also states that although you can sue your neighbour if a property line encroachment is made on your property by a tree trunk, if the encroachment is only with the branches it does not violate the trespass code.

If a tree is cut down on my property by a neighbour how much money should I receive in damages?

As much as you and your neighbour have agreed to. If there is not a written agreement, then you can sue your neighbour for cutting the tree down, but your damages are likely to be limited to the cost of replacing the tree.

Minimal damages are the reasonable cost to replace minus depreciation… but it can be more. It goes to how much reasonable search was required to locate a replacement tree.

Usually, the tree is considered part of the real estate and you would receive the fair market value for it.

If your property was damaged click here to see if you might have a case.