Got a letter from a lawyer re: neighbor saying we have a tree leaning over their garage & we will be liable for any damage. Never met them & it seems like overkill on the legal, certified letter but whatever.

We had it taken down because in doing some online research, they are pretty litigious & who has time for that.

We are considering doing the same thing - notify them that they have 2 giant trees leaning our way, a dead one close to the property line and a cluster of large trees with limbs over our garage & will be liable......etc.

Any reason not to do this? If they say we can trim them, does that take away their liability? If that is the case, we should have just told him to trim our tree, but we're pretty good neighbors.

Anybody on here well versed in Texas tree law?

edit: The tree showed no signs of stress or that it was about to fall. I think sending the letter took away our right to say "Act of God" and making him deal with it should it ever happen.

AggieFactor is verbatim correct my history says but their lawyer could make a case many many times the cost of your costs trimming or taking down. You would be blessed if Jabin weighed in on this issue soon.

Vicarious & personal history with neighbors is simply to do what they wish, for in years ahead they will become friends & powerful helpers. Yes, this includes tresspassers that hate those that tresspass on their land, etc. Taking a mower's rock through the window, saplings mowed down, peeping Toms, etc. taken in silence or mentioned with a laugh all pay off later with respecting your opinion on what plans they may have affecting you more seriously.

So trim what you want hanging over your boundaries but don't kill anything. If their stuff damages your stuff, then settle out of court if possible. Why buy a letter, why not lead by example and not follow high dollar paranoids? Court is where everything stops while they drain your time & cash IMHO. Exceptions obvious are medical life death, et al. I hope I can live up to all that, as well!

Agree. Don't play their game. Let the dog lie.

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My take is probably not popular but I'm going to go with "do nothing". Document that it's leaning and even document it several times over the course of a year to see if it changes. I wouldn't play their game. They sound like poosays.

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The problem with that is that IF his did fall onto my property, he can claim Act of God and he has to do nothing to repair or clean up. They have done this before - long story probably not smart to go into here. They are poosays.

Legally I'm sure he can claim act of God but realistically, the dude knows. He sent you a letter about your tree so he definitely knows the status of his.

Legal advice here:

https://guides.sll.texas.gov/neighbor-law/trees

schwack schwack said:

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Which is why we are leaning towards the same kind of letter he sent us. May not accomplish anything in the long run, but he has burned the good neighbor bridge and a letter is cheap.

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Honestly I think I would do the same if I were in your shoes. He WILL claim act of God if something happens.

I dont think you're the kind of person to do this, but I would play offense here and step the crazy neighbor game up. You need to become such a pain in the ass that they want to leave because if you don't do it, im betting they will.

Good point.

schwack schwack said:

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I dont think you're the kind of person to do this,

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But you don't know Mrs. Schwack. LOL. She's been on google since we got the letter. She's prepping her offensive.

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Ha I love it keep us posted

File a complaint about the dead tree with your city neighborhood services office as it's a hazard and an eyesore that violates code.

Why waste YOUR time and money with a stupid attorney? Go over to their house, tell them you did what they wanted and now it's their turn. Save money.

It's $50 for the letter - . And believe me - from what we've found online, these people are litigious.

I figure it's worth it to cover our tracks.

edit: but, yes, NORMAL people talk to each other. That's not who we are dealing with.

How many suits are we talking

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How many suits are we talking

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A lot more than your average normal person. Lots of local filings + Google drags up some fraud stuff from out of state. He has been known to retort with "sue me - my family is full of lawyers" - he's THAT guy. LOL

How long have yall been neighbors and how long are you expecting to be neighbors?

This is a rental property - so we'll keep or sell depending on how much of a hassle they become. We've had it for around 7-8 years & never seen them or had any interaction.

Ok so not your primary residence. That significantly changes the calculus. Take whatever Mrs schwack wants to do and turn it to 11.

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Take whatever Mrs schwack wants to do and turn it to 11

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Oh .... she's working on it.