As a landscaper, your job might not be to manage tree ordinance compliance, but planting trees from this specific list will help your client (the contractor) keep their costs down. Planting trees from the list below will count toward the tree mitigation fines.
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75% of the trees planted must be from the class one list; 25% can be from the class two list.
Not really. But, that is the foundation for this article. What are the implications if my tree falls on my neighbor’s house? There are two aspects to consider here: the law and insurance perspective.
In Texas, insurance companies typically consider falling trees to be an act of god and not a liability to any individual. The bottom line is whom-ever’s stuff gets smashed, they (or their insurance) is responsible for repairing the damage.
There is no written legal law regarding trees. Only legal precedent. The precedent is what I just discussed regarding insurance. The only loophole would be if an arborist inspected the tree, prepared a formal report determining that the tree was unsafe and needed to be removed, and then the insurance company got their hands on that report. I’ve never seen this happen and can’t image how it would ever happen.
If you have a tree on your house, the most important thing is to take pictures, call you insurance company and get the tree removed asap. It’s important to understand the law in these situations, but safety is definitely most important.
…And I don’t like it. What is the deal here. It’s his tree but it’s hanging on my side and it’s bothering me. When a tree crosses property lines, that tree is considered shared property. Trees don’t really seem to be as concerned about property lines as we do. In fact, I’d say that on almost every property I visit, there is at least one tree that spans over a property line. Unfortunately, people don’t always have agreeable opinions about the trees. If you have a neighbor’s tree hanging over your property there are a few things you should know.
First and foremost, you have a right to maintain your property. If that tree is threatening your house, landscaping or any other identifiable asset, you have legal right to maintain the tree to protect your property.
The key word here is “maintain” the tree. If you compromise the life of the tree without just cause your neighbor will have a right to come after you.
One other important factor is that ownership of the tree is given to the person who owns the property where the trunk resides. If one of your neighbor’s trees has branches hanging on your side of fence, he can still remove the entire tree even through part of it is over yard. Trespassing is a whole different story; the tree would have to be removed with out accessing your yard unless you give permission.
If the trunk spans the property line the the tree is truly a shared tree and you both have equal ownership. Things might get ugly if you can’t both agree on a solution. There is no written law regarding trees. Only legal precedent.
Ultimately, if your intentions are wholesome and you are just trying to take care of you property, then trim away. If things are getting ugly, you should get a written recommendation from a qualified professional arborist.
I'm Keith Brown, owner of Austin Tree Experts. This is my repository of tree knowledge. I hope you find what you are looking for. Let me know if you don't.
