Disaster Manual: Section 3 - Falling Trees, Flying Limbs, and Related Noises (2024)

FAQs

Who is responsible when a neighbor's tree falls in your yard Pennsylvania? ›

If your Neighbor's tree along your property line is a hazard

If all or any portion of a hazard tree falls on your property, and your neighbor was aware of or should have known that it was dangerous, your neighbor is responsible for any damage that you suffered, including your cost of removal.

A common question asked is: can I throw neighbors' tree branches back in their yard in Texas? You cannot trespass on a neighbor's property, and it could cause further dispute. Use a tree removal service that can take the trimmed branches away.

When this happens, the neighbor whose yard the tree falls into is responsible for its cleanup and removal. Even if the tree was originally rooted in another neighbor's yard, the property owner of the place where it's fallen is ultimately responsible, and the neighbor whose yard the tree comes from isn't legally liable.

The trees belong to your neighbors and thus are their property to do with as they wish. It does not matter if the trees are your shade or if the trees' branches go over into your yard. Although, if the tree is on the property line, you may have an ownership interest.

Tree Risk Assessment

For a tree to be considered hazardous it must be defective either in some part or as a whole, with risk for failure and a target that is threatened.

A boundary line can may be marked by a tree. This boundary tree belongs to both neighbors equally, and neither can cut it down without the other neighbor's consent. The encroaching tree can be trimmed up to the boundary line.

As manners guru Emily Post puts it: "Falling leaves respect no property lines, and the ones that fall in your yard, even from a neighbor's tree, are all yours."

It is common for Texas residents to question whether they have a legal right to remove a neighbor's tree limbs that hang over their property. Texas law generally allows you to remove encroaching branches, so long as you do not harm the health of the tree.

Under this statute, a person may not remove a fence that is a separating or dividing fence in which the person is a joint owner or that is attached to a fence owned or controlled by another person, absent mutual agreement between the parties.

The trees belong to your neighbors, and thus are their property to do with as they wish, even if the trees provide shade to your yard or if the trees' branches hang into your yard.

Who pays for fence between neighbors in Texas? ›

A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. Texas does not have a specific state law that addresses boundary line fences.

You will need a permit to cut down or impact a regulated tree. Step 1: Identify regulated trees on your property. Before beginning your project, make note of any trees on or near your worksite, and determine whether they are regulated. Protected and Heritage Trees are regulated on residential property.

The legal line of property and anything vertically above that determines who is responsible for the tree. For example, if the tree is planted in your yard, but it leans over into your neighbor's, then your neighbor is responsible for the leaning portion.

North Carolina law allows people who trespass and encroach on other's land for a minimum 20 year time period to develop an ownership claim to the property.

Tree Trimming Rules

A landowner is generally not liable for healthy tree limbs that fall on a neighbor's land due to a natural occurrence or Act of God. A neighbor is entitled to trim encroaching tree branches up to the property line.

A "hazard tree" is a tree that has a structural defect that makes it likely to fail in whole or in part. Falling trees are an ever-present hazard when traveling or camping in the forest, yet too often we are unaware of the risks associated with defective trees. Trees are defective from age, fire and disease.

There are dead branches, particularly those greater than about 4” in diameter (these can do extensive damage when they fall) The tree has multiple deep cracks or splits in the bark, or a deep crack on a large branch. There are large, decayed areas on the trunk, branches, or root flare. The tree is leaning.

Hazard/Danger Tree Definition

Tree hazards include dead or dying trees, dead parts of live trees, or unstable live trees (due to structural defects or other factors) that are within striking distance of people or property (a target).

Hedges, trees, flowers. All these can be planted on property lines as long as an agreement is reached between the property owners about care, costs, and maintenance.

With regard to self-help, an aggrieved landowner is entitled to trim the branches back to the property line, and this is true even if the overhanging branches do not damage the property.

How close to my property line can I put a fence? ›

How Close To The Property Line Can I Build? Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

Under the law, falling leaves are considered a natural product of trees and not something for which the owner of the tree can be held liable. Homeowners, whether they own the tree or simply live next to it, are responsible for the cleanup of natural debris that enters their yard, no matter the source.

Instead of being used to improve soil and tree health, organic matter in landfills produces methane, a greenhouse gas. This harmful gas collects below the surface in landfills and is released into the air as landfill piles are bulldozed to make room for more waste.

Leaving the leaves alone is a good way to support native pollinators and other insects and wildlife. These valuable insects rely on the habitat fallen leaves provide, especially over the winter months. Dead leaves also decompose creating compost that can improve soil structure and fertility.

Trees forming the actual boundary line between properties can't be removed without the consent of both landowners. A landowner has the right to trim limbs or branches of boundary trees that reach onto his/her property so long as no damage to the other property owner.

By law, you have the right to trim branches and limbs that extend past the property line. However, the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbor's property or destroy the tree.

Georgetown, TX: In Georgetown, oaks including Live Oak, Post Oak, Shumard Oak, Bur Oak, Chinquapin Oak and Monterey Oak that have a DBH of more than 26 inches are called “Heritage Trees.” They can be pruned between July 1 and January 31, but you need a special permit first.

Go to court. Show that the land is yours, that your neighbor had no right to use it, and that the court needs to order him or her to remove the encroaching structure. Sell the land to your neighbor.

NEW TEXAS LAW FOR HOMEOWNERS AND HOA'S BEGINNING SEPTEMBER 1, 2022: Senate Bill 1588: Homeowners anywhere in Texas will be allowed to put up a perimeter fence around their property for added security (front, sides, and/or back of homeowner's property).

As a rule, if a fence is not a boundary fence, it must be built at least two feet inside your property line. The best options for building near a neighbor's existing fence are placing the new one right up against the current one or leaving enough space between the fences for someone to mow.

What are the property boundary laws in Texas? ›

Texas has no specific laws regarding fences directly on the boundary line between neighbors, though your city or HOA might have more specific instructions. In general, if it's on your side of the property line, you own it. If it's directly on the property line, then you and your neighbor probably own it jointly.

Protected Species:

Texas Ash, Bald Cypress, American Elm, Cedar Elm, Texas Madrone, Bigtooth Maple, ALL Oaks, Pecan, Arizona Walnut, and Eastern Black Walnut.

Under the Tree Preservation Ordinance, prior to any development of property, a tree permit must be obtained. Development activities that remove trees and disturb vegetation require a Tree Preservation Plan be submitted with the Tree Permit application.

If you're the courteous type and enjoy getting along with your neighbours, it would be generous to show the smooth side of the fence towards them, but this is far from being an established convention and there's absolutely no obligation to do so if you don't want to.

Under Section E of City Code 25-2-899 you can build a "solid" fence up to 8 feet in height along a property line, the homeowner will be required to obtain written authorization from the adjacent property owners that are affected by the fence where the fence exceeds 6 feet in height.

The answer: Fence ownership is determined by where your fence lays on the property line. If your fence is right on the property line between your neighbor's property and your property, neither you nor your neighbor owns a side; it's a shared fence responsibility.

A common question asked is: can I throw neighbors' tree branches back in their yard in Texas? You cannot trespass on a neighbor's property, and it could cause further dispute. Use a tree removal service that can take the trimmed branches away.

Leaning trees are more of a hazard than those growing vertically. A sudden lean indicates breakage or weakening of roots and the tree should probably be removed immediately. A tree leaning more than 15% from vertical probably should be removed.

Functions: A tree's trunk has two primary functions. The first job of a tree trunk is to give it its size and shape. It's the pillar of strength that provides the tree with the structural support for its branches and leaves to grow upward and outward.

Can you right a leaning tree? ›

In cases where a small tree leans only slightly, you might not need to do anything at all. For more significant leaning that could adversely affect the tree's growth, you can straighten it up and stake it in place to temporarily provide support until its root system becomes established.

u•sur•pa•tion (yo̅o̅′sər pā′shən, -zər-), n. an act of usurping; wrongful or illegal encroachment, infringement, or seizure.

Encroachments are situations in real estate when part of the property extends beyond its borders and onto another property. It can also be referred to as the violation of contractual property rights by illegally building or extending structures onto neighboring properties without approval.

If the tree is on a neighbor's property, then the neighbor is the owner of the tree and responsible for any branches that extend over the boundary line. The opposite is true if the tree is on the property owner's land. The property owner is then responsible for any branches that overhang the neighbor's property.

Size of the tree: Under the North Carolina tree removal rules, trees with a diameter of at least 6 inches or more measured at the height of 4.5 feet above the ground are protected under state law and cannot be removed without a permit.

In North Carolina, to acquire title to land by adverse possession, the claimant must show actual, open, hostile, exclusive, and continuous possession of the land claimed for the prescriptive period under known and visible lines and boundaries.

The property owner who planted the tree owns it and has the sole right to remove it. Both parties own the tree and either can take it down. The owner of the property upon which a majority of the tree trunk is located owns it. Both parties own the tree, and neither can take it down without the permission of the other.

If the tree is larger than 6-inches in diameter (measured at 4.5 feet above the ground) and is healthy or diseased, a permit must be obtained. Permission is not needed to remove a tree that has been deemed dead or a tree under 6-inches in diameter.

It is also advisable to plant 15–20 feet away from the property to avoid any problems with the roots causing havoc with the foundations as the tree grows. These minimum distance regulations also protect the house from branches scratching at windows.

How do you know if a tree is dying? ›

Public nuisances. Whoever erects, sets up, establishes, maintains, keeps or continues, or causes to be erected, set up, established, maintained, kept or continued, any public or common nuisance is guilty of a misdemeanor of the second degree.

All fences shall be set back at least twelve inches from all front yard property lines and/or sidewalks.

All persons shall first obtain a written permit before doing or having done any work for the care, pruning or trimming of any tree in or upon the public streets, highways, avenues, park, parkways and other public areas, and such work shall be done to the satisfaction of the Commission.

If you, as the property owner, knew or should have known that the tree limb constituted a hazard, meaning the tree was dead and in danger of falling or losing a limb onto the adjacent property, and the limb caused damage – then you, the property owner will likely be liable for the damage.

Along with choosing a type of tree that is appropriate for growing next to a fence, you'll also need to make sure your environment can support a tree. The soil next to your fence needs to be well-drained to avoid rot and root fungus, and the area should get plenty of sun so the tree can grow well.

Build a box to either exclude or enclose the tree on the property line. Discuss this possibility with your neighbor if you wish to accept responsibility for the tree and the new fence bump out will encroach on your neighbor's property. Run the fence along the property line but allow the trees to interrupt the fence.

When planting within 20 feet of an overhead power line, you should choose large shrubs or small trees that grow no more than 15 feet. Trees planted 20 to 50 feet from a power line should grow no more than 40 feet tall. And trees that grow more than 40 feet should be planted more than 50 feet from power lines.

Eliminating dead branches gives the tree a new chance to rejuvenate itself, directs the nutrients to healthy branches and makes it less vulnerable to pests and diseases.

When a tree dies naturally or falls due to extreme weather events, new life springs forward. Fungi communities flourish on dead wood, salamanders create breeding grounds, and saplings grow on the nutrient-rich bark. But this doesn't happen overnight.