Legal question - Posted by Dan

Posted by Alex Gurevich, TX on March 12, 1999 at 16:22:21:

Your advice is good, but I’m afraid $200 will only get the branches trimmed (which may be all that’s needed). I just got a property with 2 huge dead oak trees, I mean 5-6’ in diameter. The lowest quote so far came at $2,700.

Legal question - Posted by Dan

Posted by Dan on March 11, 1999 at 11:36:53:

I recently bought a property which is on a street that has a steep downslope. There a two large trees in the yard that are virtually dead and very old. My neighbor is claiming that the roots are doing damage to his property, and that his insurance company is threatening to drop him because of the branches that hang over his roof. Am I liable to get this tree removed if he serves me with a notice. i certainly do not have the $ to do this anytime soon. What recourse does my neighbor have?

Re: Do the Right thing to avoid being sued! - Posted by Millie I.

Posted by Millie I. on March 12, 1999 at 24:10:21:


Be smart, do the right thing before disaster happens.

If it is your tree, you are liable if it damages his house or cause injury to his family. So find money to remove the problem ASAP, don’t take the chance that something may go wrong, and your could be sued. Then it will be too expensive.

You can’t say you didn’t know because he specifically told you about it, so IT IS NO ACCIDENT, it is WILLFUL NEGLECT.

Be smart, don’t lose everything you got over a couple hundred bucks. Cut down the trees. Do it NOW !!!

Millie I.
P.S. Every time I buy a house, I get out of the way to remove problems that could get me in trouble or cause danger to neighbors. That is smart investment practise.

Re: Legal question - Posted by Bud Branstetter

Posted by Bud Branstetter on March 11, 1999 at 13:55:33:

Make sure you have liability on the insurance on your property. Your neighbor has notified you that the tree is dead and could cause damage to his property. There would no longer be a act of nature if it did damage.

Try talking to him. Send him notice that he has permission to cut down any limbs that can cause him damage. He probably doesn’t have much cause on the roots claim. If both of you can’t or won’t cut it down you then wait for the problem to materialize.