Help! Neighbor threatening bamboo legal action

[naners1]

According to Texas law, even tree branches growing over to the neighbor's property; the cost of trimming the tree branches can be charged to the neighbor owning the tree. In your case you would have to pay him for his costs of getting rid of your bamboo growing over onto his property.

[WRM20]

Originally Posted by naners1

According to Texas law, even tree branches growing over to the neighbor's property; the cost of trimming the tree branches can be charged to the neighbor owning the tree. In your case you would have to pay him for his costs of getting rid of your bamboo growing over onto his property.

What statute says that? I don't believe you are correct. You can trim the branches hanging on to your property, but can't charge the tree owner.

[TexasRedneck]

Originally Posted by naners1

According to Texas law, even tree branches growing over to the neighbor's property; the cost of trimming the tree branches can be charged to the neighbor owning the tree. In your case you would have to pay him for his costs of getting rid of your bamboo growing over onto his property.

Don't know where you got your information, but it's wrong. Period. And as for the neighbor w/the bamboo problem - it's HIS problem. If he doesn't want the bamboo in his yard, it's on him to remove it.

[johnrex62]

Originally Posted by naners1

According to Texas law, even tree branches growing over to the neighbor's property; the cost of trimming the tree branches can be charged to the neighbor owning the tree. In your case you would have to pay him for his costs of getting rid of your bamboo growing over onto his property.

Might want to recheck that. You have the right to trim any branches or roots that extend onto your property and you have the right to sue for damages caused by a reported hazardous condition, but there is no right to demand payment for anything without a specific court order.

[a_guerrajr]

Sounds like it just needs to be a discussion of neither of us elected to have it, but it is here.
You can remove it, but if the cause isn't taken care of it may cycle back in the futre.

The question is, do you want the bamboo and willing to invest in it.

I speak from similar experience, builder and utility company left a tree right next to a utility box. This tree now encroaches on three of my neighbors yards. 2 of them don't care or simply deal with the leaves (it is a seasonal tree). I'm not an ******* either, I do have the tree trimmed and contained. However, my rear neighbor whom lived there before I moved in wanted me to solve the issue (mainly him not having to spend time raking leaves). I gave him the option of paying to have it trimmed or he could wait till I did my annually trim of it. Told him, I didn't plant it and you were here 15 years ago when the builder and original owner were still here, that is when you should of brought this up.

[naners1]

Originally Posted by johnrex62

Might want to recheck that. You have the right to trim any branches or roots that extend onto your property and you have the right to sue for damages caused by a reported hazardous condition, but there is no right to demand payment for anything without a specific court order.

I agree with what your saying, but some neighbors may not want to pay someone to trim the neighbor's tree. In addition homeowners are increasingly suing neighbors who have allowed bamboo to spread creating "damage", no one has the right to have bamboos from their property encroaching on a neighbor’s property.

[elnina]

https://www.avvo.com/legal-answers/m...--3332069.html

One of the responding attorneys suggest to sue alleging the encroachment is a nuisance.

https://www.avvo.com/legal-answers/n...s-2584981.html
Another suggest small claim court.

More replies or info here:
https://www.avvo.com/legal-answers/a...s--714381.html
https://www.avvo.com/legal-answers/i...y-3162081.html
https://statelaws.findlaw.com/texas-...-in-texas.html