Who Owns Tree Rights?
Homeowners do you know who owns tree rights when branches overhang or encroach over your property line?
If some of the tree limbs or trunk are on both property lines both land owners can claim an ownership interest.
Trimming branches or removing roots which encroach your property can be trimmed or removed with caution up to the property line. One cannot trespass unless there is immediate irreparable harm threatening homeowners property.
A case in Texas recently went to court from neighbor's tree encroaching adjoining landowner and the question was asked is landowner liable for damage of neighboring property? The court has said no, assuming the tree was healthy. After a 90 mile per hour wind caused overhanging branches to fall on neighbor's home severely damaging it. Owner of the damaged home sued for negligence for allowing tree to overhang and also nuisance of trespassing. Court dismissed the negligence and said trespass and nuisance required the encroaching landowner an intentional act to remove the tree. Since the neighbor did not intentionally cause the tree to overhang the neighbor’s house, the court held that the tree owner was not liable for damages.
Know your rights before trimming or treating trees that encroach your property line, unsound trees that are a threat from neighboring property owners do not have the same protection as a sound, healthy tree.
Who Owns Tree Rights? has been brought to you by Bob Ratliff, REALTOR® (512) 587-5689 When searching homes for sale in Cedar Park, Leander and Austin Northwest you can count on Bob to assist in your real estate investments. Search homes now by clicking on this link.
Information gathered through Austin Board of REALTOR'S® legal articles; information deemed reliable but not guaranteed all rights reserved by Bob Ratliff RE/MAX Capital City.