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re: Dealing w neighbors over tree overhanging?

Posted on 3/17/25 at 9:03 pm to
Posted by BigBinBR
Baton Rouge
Member since Mar 2023
7314 posts
Posted on 3/17/25 at 9:03 pm to
quote:

But if I can prove it’s negligent maintained I can have them cut it.


Negligently maintained means diseased or damaged. Not that they didn't prune it.

Every state has different tree laws. In Texas:
quote:

Tree ownership in Texas is determined by property lines. A tree belongs to the landowner where its trunk is rooted, even if branches or roots extend onto a neighbor’s property. While Texas law allows property owners to trim encroaching branches or roots up to the property line, cutting beyond that can be considered trespassing or tree damage, with potential legal consequences.

Texas courts have ruled that a property owner may trim encroaching limbs but cannot demand the removal of a healthy tree simply because it extends over the boundary. In Petti v. Perkins (1994), a Texas appellate court reaffirmed that trimming must not harm the tree’s overall health. If pruning results in the tree’s death, the responsible party may be liable for damages, including its market value or replacement cost.

This post was edited on 3/17/25 at 9:05 pm
Posted by TigerBait2008
Boulder,CO
Member since Jun 2008
35225 posts
Posted on 3/17/25 at 9:07 pm to
You're a lil bitch..
Posted by Chad504boy
4 posts
Member since Feb 2005
171744 posts
Posted on 3/17/25 at 9:09 pm to
I couldn’t have been more on point in this thread if I tried
Posted by bakersman
Shreveport
Member since Apr 2011
5836 posts
Posted on 3/17/25 at 9:44 pm to
quote:

I know, I get that she is sick but I’m not sure if that gives her a pass for not maintaining the property. It’s a tricky subject. I feel bad but I also know feelings don’t pay bills


You sound like a miserable piece of crap. If a tree branch is hanging over into your property, it is your responsibility to take care of it. Most real estate laws state that you own infinite below the ground and infinite space above the property. That means branches from a neighboring property hanging over yours, is your branch to deal with.
Posted by DMAN1968
Member since Apr 2019
11740 posts
Posted on 3/17/25 at 10:14 pm to
When your insurance finds out about those limbs they will make you cut them or not renew.

Just saying.
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
48729 posts
Posted on 3/17/25 at 10:24 pm to
There is a forum for this on Reddit

r/treelaw

There are attorneys that lurk there, kinda' like SFP lurks in hospital waiting rooms.
Posted by roach3
Just moved to LA TOUR!!!
Member since Dec 2009
2823 posts
Posted on 3/17/25 at 10:32 pm to
You can cut off any limb over hanging your property line. It's called the skyline rule.
Posted by imjustafatkid
Alabama
Member since Dec 2011
57733 posts
Posted on 3/17/25 at 10:48 pm to
quote:

Also to add: she doesn’t want people going in her yard to cut.


If this is the case, I think your only option is to tell her she can either get it cut, allow you to get it cut, or you will be forced to take her to court because it is endangering your house.

I get that she's sick but that doesn't mean she can put your family in harms way.
Posted by FutureCorridor49
US 90
Member since May 2023
536 posts
Posted on 3/17/25 at 10:51 pm to
I’m assuming OP is trolling.


On the off chance you aren’t, leave the poor lady alone and cut the damn tree branch. Figure it out.
Posted by Lou Loomis
A pond. Ponds good for you.
Member since Mar 2025
136 posts
Posted on 3/18/25 at 2:05 am to
Act of God. Property lines. Your responsibility. Not her problem. Do it yourself and fork over a few dollars. You really even considered suing a 75 year old woman over that? I’d be embarrassed if I even thought that.
Posted by FutureMikeVIII
Houston
Member since Sep 2011
1411 posts
Posted on 3/18/25 at 2:16 am to
quote:

Clearer view of the issue


Nah. We’ve had a crystal clear view of the issue from the get-go.

It’s you, you’re the issue.
Posted by fareplay
Member since Nov 2012
5875 posts
Posted on 3/18/25 at 9:21 am to
I got quoted 850
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
84172 posts
Posted on 3/18/25 at 9:39 am to
quote:

Correct. I just went through this. In Louisiana you do not have the right to cut your neighbirs tree simply because of overhang. You do have the right and they MUST comply to demand they cut the overhang and have them remove the roots if the tree is harming ir impeding progress on your property. In my case, the neighbors tree was on my barn roof. Since the barn was damaged in Ida, I am rebuilding and going taller, hence my reason for demanding him take care of this. Got lawyers involved and he finally cut it.


quote:

99% of the responses in this thread are from internet lawyers and not real lawyers. You don’t have the right to trim someone else’s tree in Louisiana.


Just re-posting due to continued misinformation on La. law.
Posted by windmill
Prairieville, La
Member since Dec 2005
7389 posts
Posted on 3/18/25 at 9:42 am to
Troll job by op
Posted by 777Tiger
Member since Mar 2011
82673 posts
Posted on 3/18/25 at 9:43 am to
quote:

Troll job by op


set himself up nicely because he has a long history of making some incredibly stupid posts/threads
Posted by The Eric
Member since Sep 2008
22677 posts
Posted on 3/18/25 at 9:44 am to
Bro. If she has cancer ask her if there is anything you can do for her in terms of yard work, also tell her that you were going to cut the branch as it was damaging your roof.
Posted by iwyLSUiwy
I'm your huckleberry
Member since Apr 2008
38125 posts
Posted on 3/18/25 at 9:45 am to
quote:

Wouldn't make a bit more sense to call authorities bout this and get the real answer as opposed to this forum?"


Or you could just do maintenance on your home and trim small branches that are touching it instead of trying to make it some huge deal and blame an old lady for neglect for something she's not responsible for.
Posted by iwyLSUiwy
I'm your huckleberry
Member since Apr 2008
38125 posts
Posted on 3/18/25 at 9:47 am to
quote:

If this is the case, I think your only option is to tell her she can either get it cut, allow you to get it cut, or you will be forced to take her to court because it is endangering your house.

I get that she's sick but that doesn't mean she can put your family in harms way.



My god this board is full of pussies

Posted by White Bear
Yonnygo
Member since Jul 2014
16288 posts
Posted on 3/18/25 at 9:52 am to
Shoot the limb down with some full-choked buckshot.
Posted by imjustafatkid
Alabama
Member since Dec 2011
57733 posts
Posted on 3/18/25 at 9:57 am to
quote:

My god this board is full of pussies


What I stated is the only path forward without breaking the law. But by all means, give him bad advice.
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