Tree Issue With Neighbor/ The Heights (Center: renting, townhouses, gated)

[amb98]

I looked online for information about a dispute I have with my neighbor and couldn't find anything specifically about my situation. I thought someone on this forum might have had this issue with a neighbor. There is a small gap of about 1 ft between my fence and my neighbor's fence. This is a house in the Heights so many of you know how close together the houses are and how small the backyards can be. There's a tree in that gap and the branches hang over my fence and the back neighbor's fence.

Last month, I found a rather large branch from the tree in my backyard. It looked like it came from the neighbor's side of the yard. All the branches over my fence are still intact. I wanted to give the benefit of the doubt and thought maybe it fell accidently. A few weeks later I found almost all the branches from the neighbor's side cut off and tossed in my backyard. They opened their higher floor windows, cut the branches they could reach and let them fall into my backyard. I know this because the branches on my side and the branches that were too far from their window are still intact. The only branches missing are the ones on their side near their windows. There are so many big branches that I can't open my backyard gate and can barely open my back door. The branches are big enough that I can't remove them myself and it will probably cost me a few hundred dollars to have them cut up and removed.

These neighbors have automated gates to their row of townhouses, so I can't just knock on their door and ask them what happened. I sent them a certified letter asking them to call me. I have not heard from them. I know a criminal complaint and small claims action are possible. Has anyone had this issue with a neighbor and a tree that is not clearly on one property? Any advice on what I else I can do to resolve this?

[snackdog]

Which fence, if either, is on the actual property line? Probably yours if the townhouses are newer. I'm imagining they put up a newer fence to hide your ugly old fence. And they kept the tree because they like the shade. You need to find out because it matters where the property line lies. They can only trim branches to the property line. Hard to see how branches fell in your side unless they trimmed beyond the property line. Also hard to believe they were able to cut branches so large, from a window, that you can't move them or cut them up without a tree service. Anyone doing any trimming is responsible for any damage and cleanup of what they trimmed so document it and take them to small claims court, if necessary, since they are being difficult.

[KatieKennedy]

You can contact the Harris County Dispute Resolution Center which will mediate the case for free with volunteer mediators. They will contact the other side to set it up. 713-274-7100 or see website drc.harriscountytx.gov

[a_guerrajr]

I'll bum off your thread. Since I just started having issues with a tree as well.
I purchased a resale home that had an existing tree, which was there from when the builder developed the land.
The tree is pretty tall (35+) and of course has branches. Since it sits on my lot, I do some upkeep to it.

What's the general rule of thumb for trees that were existing or left behind from the developer? Am I as the new homeowner assuming any responsibility for the tree? If a branch falls off because of a storm, is the neighbour behind me able to file a claim against me?

[snackdog]

If you hold title to the land (not renting from the developer), you are solely responsible for the tree. If branches look precarious, you should trim them before they break and fall.

[3shipguy]

Originally Posted by a_guerrajr

I'll bum off your thread. Since I just started having issues with a tree as well.
I purchased a resale home that had an existing tree, which was there from when the builder developed the land.
The tree is pretty tall (35+) and of course has branches. Since it sits on my lot, I do some upkeep to it.

What's the general rule of thumb for trees that were existing or left behind from the developer? Am I as the new homeowner assuming any responsibility for the tree? If a branch falls off because of a storm, is the neighbour behind me able to file a claim against me?

Yes. Tree is on your property. If the tree falls down and destroys the neighbor’s house, you are responsible.

[Parnassia]

Originally Posted by snackdog

Which fence, if either, is on the actual property line? You need to find out because it matters where the property line lies. They can only trim branches to the property line. Hard to see how branches fell in your side unless they trimmed beyond the property line. Also hard to believe they were able to cut branches so large, from a window, that you can't move them or cut them up without a tree service. Anyone doing any trimming is responsible for any damage and cleanup of what they trimmed so document it and take them to small claims court, if necessary, since they are being difficult.

The property line is most important. Where the TREE sits in relation to the line also matters. If you don't know where the line is and must pursue this, get a survey, get your plat map, something that shows it clearly. You'll need it. If you have covenants check them. There might be something that plays in to control of vegetation within setbacks etc. If the tree is on your side the neighbor can trim branches that extend onto theirs, but as snackdog said, just to the line. They shouldn't be throwing all the debris on your side. It might not be as clearly illegal (especially if those branches are causing damage to something of theirs) but it sure isn't neighborly. Based on not acknowledging your letter they are not being too nice anyway. Before you go formal, get your information together. Document document. Photos before, after, time and date, etc. Otherwise you've got...not much.

[texas7]

Can you trim the branches from a neighbors tree if they hang over your yard,fence, house without having to ask permission from the people whose yard it is growing from?

[WRM20]

Originally Posted by texas7

Can you trim the branches from a neighbors tree if they hang over your yard,fence, house without having to ask permission from the people whose yard it is growing from?

As long as you don't kill the tree, yes you can.

[ahzzie]

Originally Posted by 3shipguy

Yes. Tree is on your property. If the tree falls down and destroys the neighbor’s house, you are responsible.

This is not entirely true. If the tree is diseased and likely to fall causing damage, the owner is obligated to remove the tree or prune it to the point where the danger to someone else's property is removed. If, however, the owner does not take steps to remedy the situation and the tree falls on a neighbor's house then yes, the owner is responsible.

If the tree is healthy with no visible signs of disease or decay and is blown over in a storm which damages the neighbor's house, the owner is not responsible for that damage. The law considers such an event an "act of God" and is not the fault of the owner.