That’s My Tree - No, It’s My Tree
How do we know for sure who’s tree it is? It’s definitely your tree if the main trunk is completely within your property’s boundary line, whether you planted it or if it’s a naturally occurring tree. If it’s on your property it’s yours. In the instance of trees that are situated on the boundary line of adjoining properties, these trees would be owned by each of the property’s owners and all would have an equal interest in the trees.
In the uncommon event that trees that are located completely on one person’s property, but can be considered a boundary tree, could only happen if and when the adjacent property owners have treated the trees as common property by implied agreement, regardless of whether the agreement is written or verbal. Removal or cutting away part of the tree without the consent of the other is not allowed without all of the owner’s consent. So, now that we know who’s tree is who’s, let’s talk about your liability as a tree owner.
Falling Trees and Our Next Door Neighbors - Who’s Responsible
In Texas, many of us own trees as part of our property. We, as tree owners, have certain rights and responsibilities that come with that ownership. A good question to ask as a Texas homeowner is, “am I responsible to pay for the damage caused by a tree from my property falling and hitting my neighbor’s home, garage, or shed?” Usually, the answer is “no”. That’s right, as long as the tree or branches fell due to a natural weather event, then typically you’re not liable for the damage caused. If and when this unfortunate event should actually happen, and damage occurs to your neighbor’s property due to natural causes that are outside of your control, your neighbors will likely need to file a claim with their insurance provider for reimbursement for the damage that a downed tree or branches from your property have caused. There is an exception though, if it’s determined that you knew or should have known that your tree was in poor health, such as obvious cracks, dead limbs, and branches, etc., then you may be liable for the damage caused by your tree. If it is determined that the tree damage stems from your negligence, such as dead limbs that you refused or neglected to cut down, or perhaps it’s because you decided to trim your tree on your own as a DIY weekend project and the activity resulted in damage to your neighbor’s property, then the neighbor’s insurer may come after you to recover their losses. You may want to check your homeowner’s policy or speak to your insurance agent to see if your homeowner’s policy covers your liability in cases of negligence. The takeaway here should be that it’s always a great idea to be a good neighbor and to keep your trees well maintained. The tree experts at 3 Monkeys Tree Service have you covered. Call today and let’s get started.