Tree branches vs. property lines (and my roof!) (Dallas, Beaumont: real estate, power lines)

[jocelynh]

I moved into a home in Beaumont, TX about 6 months ago. My neighbor's tree, which is planted JUST on her side of the property line, has many long, heavy branches that hang over onto my property. They overshadow my roof, half of my driveway, and more importantly the power lines.

I have contacted Entergy, and I was told that since the limbs interfere with the lines going from the street to my home, they are not responsible for trimming them back. I got the same response from the city and even the cable company. (That last one was a long shot, I know...)

I don't know what to do. I'm concerned that with the terrible weather this area is famous for, one of the giant branches is going to collapse onto my roof and power lines at any given time.

I don't have the greatest relationship with this particular neighbor, as my luck would have it, so I am positive that asking politely for the branches to be trimmed back wouldn't do any good. I am also not comfortable climbing up a ladder and hacking away at the branches that hang over my property. I can only imagine the circus that would turn into.

Does anyone have any advice for me? Any and all help is appreciated!!

[Dallascaper]

Hire a tree service and have them trim the branches that are over your property.

[Poltracker]

Dallascaper is correct. You can hire a tree company and trim the branches that overhang your property. I trim my neighbor's branches on a regular basis

[FalconheadWest]

Just trim them yourself. They are on your property and it's done all the time. You might even get an estimate for the work to get done, show it to your neighbor and tell him you would be happy to arrange the work done and this is what it would cost, but more than likely, he won't pay.

[ShaneSA]

You can have the tree trimmed as long as you trim the branches over YOUR property. I would however ask the neighbor first. Discuss it and maybe it would be cheaper to go halves and get the whole tree trimmed for safety. The worst thing he can say is no.
I have a similar tree on my property that was encroughing on my neighbors house. I called the tree service to have it trimmed back from my house and his. He refused to allow the trimmers to go onto his property to cut my tree away from his house. Opposite problem from you. But interesting. My resolution was to have my lawyer write him a letter that I would not be responsible for any damage from MY tree to HIS house. He told the lawyer to come have the tree trimmed. Maybe you can let him know he would be responsible for damage to your house if he doesn't allow the tree to be trimmed for safety.

[Poltracker]

Originally Posted by ShaneSA

Maybe you can let him know he would be responsible for damage to your house if he doesn't allow the tree to be trimmed for safety.

Probably because this would not be true. He has the responsibility for trimming the tree limbs on his side and preventing damage, not the neighbor. Now if the whole tree (the part currently on the neighbors property) were leaning precariously, was rotten, or was a danger or potential danger to the poster's property, then it would be necessary to notify the neighbor in writing to ask them to remove the tree as notification makes the neighbor aware, thus at fault if the tree falls.

[FarNorthDallas]

Hire someone and have the part on your property cut. If it's shading your house, though, it might be helping you out in the summer.

[tlowe]

I am an arborist in central Florida and have operated my own tree service for 27 years. I have studied arboriculture and all applicable laws and precedents that pertain to my daily operations. I as most people and the courts , assume that I own the airspace over my property,cut and dry. Yet, I encountered a case law set in california years ago,that "a home owner may cut or trim limbs overhanging their property as long as they do not disfigure or take away from the value of the tree." I think this is the most practicule ruling that all of us as caretakers of the land should adhere to. Imagine that you own a 200 year old live oak that is healthy,but it encompasses the air space of four properties. You come home from work to find that the elderly neighbor next door had half of your tree removed. I would be livid. Several years ago the associaton of realtors placed a real estate value of a healthy, mature oak tree at 6000.00 . Ignorance is not always bliss;it may cost you!! P.S. That 200 year old oak tree was here long before us,and will probably be here long after we are gone.

[Rakin]

Not unless that 200 year old oak only lives to be 201 years before one of the major limbs collapses on the house.

Then there is lightning that can split the tree in half.

[Metro Matt]

Originally Posted by tlowe

I am an arborist in central Florida and have operated my own tree service for 27 years. I have studied arboriculture and all applicable laws and precedents that pertain to my daily operations. I as most people and the courts , assume that I own the airspace over my property,cut and dry. Yet, I encountered a case law set in california years ago,that "a home owner may cut or trim limbs overhanging their property as long as they do not disfigure or take away from the value of the tree."

Typical California laws. The government wants to encroach on everyone's lives in that state.