Cutting down a tree (Austin: house, neighborhood, live)

[LanceD]

If you have a tree that 100% of the branch is on the neighbor's yard, would you cut it down?

I do love trees, but I'm concerned about liability. I have been researching on the law and it is my understanding that I have the responsibility to keep the tree healthy. If the branches fall because of my negligent to care for the tree, I'm liable for the damage.

First concern is the legal mess. 2nd is that I don't want to carry that burden (of caring for the tree) when none of the branches are on my side. Part "why would I", part "how would I know if the tree is doing well or not just by looking at the trunk"

any advice?

[Trainwreck20]

Even if the tree branches are not on/over your yard, it can provide quite a bit of shade on your yard depending on the time of day, year, etc.

If you are in the city of Austin, then you may not be allowed to cut down the tree w/o a permit, depending on the size.

[JT-3]

Are the branches dead? Have you spoke with your neighbor?

[LanceD]

We have permit to cut it down.
The tree looks pretty healthy actually.

Also, there is no neighbor yet (but very soon)

[petro]

Originally Posted by LanceD

We have permit to cut it down.
The tree looks pretty healthy actually.

Also, there is no neighbor yet (but very soon)

So, you want to cut down a healthy tree because you're worried that branch might fall on a neighbor that doesn't even exist yet?

I'm surprised you were issued a permit to cut it down.

[austinnerd]

Can the branch itself be removed without killing the tree? I had a tree that had a major branch that hung out of the neighbors yard (in the back of both our yards). Just a few months ago, during one of the storms, the branch broke and put a nice sized dent to the top of the chainlink fence. Luckily it was in the way back of both of our yards so the damage was minimal, but the cost of cutting the branch would have been insignificant to the cost of any liability if something, or worse, someone had truly been hurt, so I totally get wanting to be proactive.

Call an arborist and have them come look at the situation and recommend options. In the end, if it's safest for the tree to go then so be it. Note too that some trees are not native and are actually generally bad for this area (e.g. they suck a lot of water), so removing a "healthy" tree isn't necessarily always a bad thing. Some of the arborists I've talked to about our trees get somewhat militant about cutting down these non-native trees.

[Komeht]

Originally Posted by LanceD

If you have a tree that 100% of the branch is on the neighbor's yard, would you cut it down?

I do love trees, but I'm concerned about liability. I have been researching on the law and it is my understanding that I have the responsibility to keep the tree healthy. If the branches fall because of my negligent to care for the tree, I'm liable for the damage.

First concern is the legal mess. 2nd is that I don't want to carry that burden (of caring for the tree) when none of the branches are on my side. Part "why would I", part "how would I know if the tree is doing well or not just by looking at the trunk"

any advice?

1. Yes, if you become aware of a condition of the tree that exists on your property and you fail to address and it injures someone or someone's property you could be held liable.

2. It seems odd that the tree is entirely on your property but the branches are only over your neighbor's. Assuming this is true, it seems to me you have all the liability and none of the benefit. Cut it down.

3. I assume that if you had an arborist come and look at it every year or two and they gave you a thumbs up, you would likely not be liable in the event something happened in between. But since you don't really have the benefit of the shade, etc. why keep it.

[happy-robot]

Consider grooming the tree aggressively. I had a similar situation where the main trunk of my tree was laying on my neighbor's roof. I use The Tree Tender for my trees. He devised a progressive plan to gradually lop off more and more of the offending branch and train the secondary branches to grow upright. He lopped off all of the trunk that was over on my neighbor's, lopped off all branches pointing downwards. After two years the tree is already looking better.

You may wish to consider this. The Tree Tender is very reasonable and a certified arborist--his focus will be on how to save the tree, not how to cut it down. http://www.thetreetender.com
Also consider that there are many tree lovers in this town, almost a religion. You may be subject to neighborhood scorn if you completely remove the tree.

You did not say what type of tree. If it is any oak I strongly suggest that you hire a certified arborist to deal with the tree, whatever you decide. Oak wilt is rampant in Central Texas

[LanceD]

Thanks for all the response folks.
Just to clarify few things:
1. the neighbor house is being built, he hasn't closed it yet.
2. regarding all branches are not on my yard: Just the way the tree tilted. It tilted about 20 degree and the root is 2-ft on my side of the fence. This live-oak is about 10-inch in diameter (or so), so with 20 degree tilt, the bottom 6-ft is on my side, the rest is on his.
3. If he is willing to release me of any responsibility, I will keep the tree.

Thanks Lindrix for the tip on The Tree Tender. I don't think it would work on this case since I only get the bottom 6-ft on my side of the fence. But it is good to know that there is such option out there.