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Dec 30th, 2023
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 Limbs and Roots
#14352465
04/25/22 10:02 PM
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Joined: Jun 2013
Posts: 100
J-Y-D
OP
Outdoorsman
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OP
Outdoorsman
Joined: Jun 2013
Posts: 100 |
TFF's, am I liable?
In Texas, is a homeowner liable for root damage to a neighbors slab? Trees are healthy and approximatley 18 feet away from neighbors house.
Should I be concerend as owner of the trees?
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Re: Limbs and Roots
[Re: J-Y-D]
#14352475
04/25/22 10:12 PM
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Joined: Apr 2007
Posts: 3,433
gregpaul
TFF Team Angler
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TFF Team Angler
Joined: Apr 2007
Posts: 3,433 |
Maybe uncle Zeek will chime in
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Re: Limbs and Roots
[Re: J-Y-D]
#14352479
04/25/22 10:22 PM
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Joined: Dec 2011
Posts: 4,692
JCBYEN
TFF Team Angler
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TFF Team Angler
Joined: Dec 2011
Posts: 4,692 |
I would imagine it's the same for roots as limbs. If they're entering your property, it's up to you to take care of them.
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Re: Limbs and Roots
[Re: J-Y-D]
#14352482
04/25/22 10:24 PM
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Joined: Oct 2000
Posts: 23,814
J.P. Greeson
the janitor
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the janitor
Joined: Oct 2000
Posts: 23,814 |
I know that if you are parked on someone else's property and their tree falls on your car, they are not liable, you are. I don't know about roots, but I would bet you wouldn't be liable. You have no way of controlling what direction roots will grow, nor how far they will go.
The solution to any problem - work, love, money, whatever - is to go fishing, and the worse the problem, the longer the trip should be. --John Gierach ![[Linked Image]](https://texasfishingforum.com/forums/pics/userpics/2019/09/full-13-25328-gco.jpg)
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Re: Limbs and Roots
[Re: J-Y-D]
#14352562
04/26/22 12:13 AM
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Joined: Jan 2008
Posts: 15,342
Fishspanker
TFF Guru
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TFF Guru
Joined: Jan 2008
Posts: 15,342 |
I know at work we had a tree fall on a home next door and do damage. The homeowner is responsible. If the homeowner had warned us in writing and pictures that the tree was rotten and we didn’t address it then could have been on our insurance.
Last edited by Fishspanker; 04/26/22 12:14 AM.
The Sheep who only fears the Wolf is eaten by the Shepherd.
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Re: Limbs and Roots
[Re: J-Y-D]
#14352566
04/26/22 12:17 AM
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Joined: Jan 2010
Posts: 20,148
Emit R Detsaw
TFF Guru
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TFF Guru
Joined: Jan 2010
Posts: 20,148 |
About killed 3 of my neighbors trees last year. The roots were getting into my septic system. Chainsaw and root killer applied. Trees look okay this spring, but they looked rough last fall. 
May you be treated the way you treat other people, today and everyday!
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Re: Limbs and Roots
[Re: Emit R Detsaw]
#14352576
04/26/22 12:33 AM
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Joined: Dec 2011
Posts: 4,692
JCBYEN
TFF Team Angler
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TFF Team Angler
Joined: Dec 2011
Posts: 4,692 |
About killed 3 of my neighbors trees last year. The roots were getting into my septic system. Chainsaw and root killer applied. Trees look okay this spring, but they looked rough last fall. You should have used more root killer.
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Re: Limbs and Roots
[Re: Fishspanker]
#14352762
04/26/22 06:34 AM
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Joined: Dec 2005
Posts: 5,251
gander
TFF Celebrity
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TFF Celebrity
Joined: Dec 2005
Posts: 5,251 |
I know at work we had a tree fall on a home next door and do damage. The homeowner is responsible. If the homeowner had warned us in writing and pictures that the tree was rotten and we didn’t address it then could have been on our insurance. My insurance company would disagree. They consider a dead tree negligence on the homeowner or property owner that has the tree. They said they would cover cost for my damages from neighbors dead tree and then take it up with the owner of the property or their insurance company. Why would the home owner that has damage from fallen dead tree have to "warn" owner of the tree ? Shouldn't that fall under personal responsibility ? The neighbor has since removed the tree.
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Re: Limbs and Roots
[Re: J-Y-D]
#14352916
04/26/22 01:13 PM
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Joined: May 2010
Posts: 137
DDM
Outdoorsman
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Outdoorsman
Joined: May 2010
Posts: 137 |
so question here. My neighbor's Tree is 12 FT from my house. Roots are visibility encroaching on my property and slab. Can I legally cut the roots on my side?
If so, should the tree die and or fall, am I liable? The neighbor doesn't see the harm in the roots being under my slab..
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Re: Limbs and Roots
[Re: DDM]
#14352926
04/26/22 01:23 PM
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Joined: Nov 2002
Posts: 58,114
RayBob
Super Freak
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Super Freak
Joined: Nov 2002
Posts: 58,114 |
so question here. My neighbor's Tree is 12 FT from my house. Roots are visibility encroaching on my property and slab. Can I legally cut the roots on my side?
If so, should the tree die and or fall, am I liable? The neighbor doesn't see the harm in the roots being under my slab.. I'd rent a ditch witch and cut a trench down 3-4 feet. Stay 5 feet from your house if possible. That should end the root encroachment for a few years. Pour the trench with cement where it looks like the roots are and you're done. Cheaper than foundation repair.
Advice? Wise men don't need it. Fools won't heed it !
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Re: Limbs and Roots
[Re: gander]
#14352974
04/26/22 02:21 PM
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Joined: Jun 2003
Posts: 32,845
HasBen
TFF Guru
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TFF Guru
Joined: Jun 2003
Posts: 32,845 |
I know at work we had a tree fall on a home next door and do damage. The homeowner is responsible. If the homeowner had warned us in writing and pictures that the tree was rotten and we didn’t address it then could have been on our insurance. My insurance company would disagree. They consider a dead tree negligence on the homeowner or property owner that has the tree. They said they would cover cost for my damages from neighbors dead tree and then take it up with the owner of the property or their insurance company. Why would the home owner that has damage from fallen dead tree have to "warn" owner of the tree ? Shouldn't that fall under personal responsibility ? The neighbor has since removed the tree. Here is my neighbors tree that fell into my backyard last year. I was 100% responsible for removing the tree from my property. The tree owner was responsible for nothing. I talked to my insurance company and I talked to a lawyer friend and felt I had the real story. Of course my deductible was higher than my expense of removing the tree and repairing the damage, so about $4K later, I had a lot less shade and a lot less leaves in my pool. ![[Linked Image]](https://texasfishingforum.com/forums/pics/userpics/2022/04/full-4123-137051-03fc7204_408d_4a33_9e74_57114220d427.jpeg)
“ When you're racing, it's life. Anything that happens before or after is just waiting.”. Steve McQueen
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Re: Limbs and Roots
[Re: DDM]
#14352983
04/26/22 02:31 PM
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Joined: May 2003
Posts: 17,854
Chris B
TFF Guru
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TFF Guru
Joined: May 2003
Posts: 17,854 |
so question here. My neighbor's Tree is 12 FT from my house. Roots are visibility encroaching on my property and slab. Can I legally cut the roots on my side?
If so, should the tree die and or fall, am I liable? The neighbor doesn't see the harm in the roots being under my slab.. Any part of that tree over your property line is your responsibility.
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Re: Limbs and Roots
[Re: J-Y-D]
#14353053
04/26/22 03:39 PM
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Joined: Mar 2006
Posts: 11,303
reeltexan
TFF Guru
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TFF Guru
Joined: Mar 2006
Posts: 11,303 |
You folks have neighbors that are too close to the home on your property.
"..The pleasantist angling is to see the fish
Cut with her golden oars the silver stream,
And greedily devour the treacherous bait.
Bill Shakespeare![[Linked Image]](http://s4.postimage.org/f0dhseas/P1120145.jpg)
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