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Re: Any trial Lawyers here? I need one. [Re: Brian Spagnola] #14108322 08/25/21 11:57 PM
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Originally Posted by Brian Spagnola
Maybe it's the salesman in me, but if they want your tree's they want your land. Take advantage and sell before your the little country property next to a subdivision.


My "little country property" is 420 acres of family land that has been in family since land was settled during the migration lands grants. Its not for sale in my lifetime. My kids can do as they please when I'm gone.


GOD is good!
Re: Any trial Lawyers here? I need one. [Re: Floon Swenson] #14108326 08/25/21 11:58 PM
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Originally Posted by Floon Swenson
Originally Posted by Emit R Detsaw
You might be able to get them to replant trees on your property, away from their retaining walls. Just think how mad you would have been if they had pruned all the trees off like the picture below and then removed the half of the root-ball on their side of the property, probably killing the trees or causing the to fall onto your side?
[Linked Image]


I ended up in court with a neighbor over this right here. He ruined the trees cutting them just like in your picture.

I lost.


it is legal to trim trees that hang over your property line.


GOD is good!
Re: Any trial Lawyers here? I need one. [Re: PondFish] #14108334 08/26/21 12:02 AM
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Originally Posted by PondFish
Before you talk to an Attorney, or DRH, get a copy of the most recent most accurate survey you can get that shows where the fence line and tree line is in relationship to the actual boundary line.

Horton may have already done one and you may not like the results.


The property line was surveyed when the developer purchased the property. The property line stakes are still there and visible.
Approximately 1/3 of the trees trunks is entirely on my side of the line. 1/3 on their side, 1/3 on the line. If a tree trunk is on the line it belongs to us both and they had no right to cut it down without permission.

Best I can tell they cut down 125 tress they had no right to cut.


GOD is good!
Re: Any trial Lawyers here? I need one. [Re: ReelSlow] #14108339 08/26/21 12:09 AM
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Wait until they start putting in plumbing on the foundations. Sneak over at night and drill holes in the pvc where they can’t see it. Or wait for the concrete and rent a jackhammer and bust it all up at night eek

Re: Any trial Lawyers here? I need one. [Re: bassfishinglawyer] #14108342 08/26/21 12:10 AM
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Originally Posted by bassfishinglawyer
I don't handle litigation, but PM me and I can give you a couple of attorneys to talk with - they'll shoot straight with you.


Thank you, I'll PM you.

I met with an attorney yesterday. He said what several of ya'll have said. They will litigate this for years and bury me. He said they knew exactly what they were doing and would rather pay me some settlement that have to ask permission. They want the wall just inside the line and the trees and my fence make it difficult to build. He said they will temporarily need to move my fence over a few over to facilitate wall construction. He advised I sent a certified letter referencing Texas Law stating that to move a boundary fence even temporarily, they have to give written 6 months notice.

My best course of action is this, and when they are faced with a 6 month delay, they will sweeten the settlement pot.

Last edited by ReelSlow; 08/26/21 12:19 AM.

GOD is good!
Re: Any trial Lawyers here? I need one. [Re: ReelSlow] #14108343 08/26/21 12:11 AM
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Are you going to let them move your fence?


[Linked Image]
Re: Any trial Lawyers here? I need one. [Re: Chris B] #14108350 08/26/21 12:18 AM
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Originally Posted by Chris B
Are you going to let them move your fence?


Time will tell.


GOD is good!
Re: Any trial Lawyers here? I need one. [Re: ReelSlow] #14108353 08/26/21 12:21 AM
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The best lawyer I know when it comes to land is Glenn Sodd with Dawson & Sodd. I believe he's retired now but I think his daughter Jody is running the show. Looking at their website, I see Clay Beard is one of their attorney's. I know for a fact that Clay is active on the Texas Hunting Forum, I've seen his posts in the past. I'll see if I can find his screenname.

Dawson & Sodd deal primarily with eminent domain, but they might be worth getting in touch with.


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Re: Any trial Lawyers here? I need one. [Re: ReelSlow] #14108396 08/26/21 12:49 AM
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Ask for 5,000.00 for each tree they cut that touched your property and they they plant new 6” diameter trees on your side.

Also make sure you ask what kind and how high a retaining wall they are building and demand a letter from a proje t professional that certifies that then new wall won’t divert water and cause flooding on your property. This is more important than suing anyone.

Do it all in a certified letter to the project manager and VP and president.


Retirement best job ever.
Re: Any trial Lawyers here? I need one. [Re: ReelSlow] #14108403 08/26/21 12:53 AM
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Originally Posted by ReelSlow
Originally Posted by Floon Swenson
Originally Posted by Emit R Detsaw
You might be able to get them to replant trees on your property, away from their retaining walls. Just think how mad you would have been if they had pruned all the trees off like the picture below and then removed the half of the root-ball on their side of the property, probably killing the trees or causing the to fall onto your side?
[Linked Image]


I ended up in court with a neighbor over this right here. He ruined the trees cutting them just like in your picture.

I lost.


it is legal to trim trees that hang over your property line.


My neighbor lost 3 of his trees when I cut their roots that were invading my septic system. Don't think he ever figured out why they died.


May you be treated the way you treat other people, today and everyday!

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