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<Juliana Holt>
posted
Can someone help me with a legal problem. I live in the state of Texas and have a very problematic neighbor. Who has decided she didn't like the way our tree was growing ... Yes there where limbs that hung over onto her property but where 40ft in the air no damage was done to her property that high in the air ...The tree itself is over 80ft tall. She also took it upon herself to cut down (2) 15ft smooth bark Crepe Mertles that line our property that where in bloom at the time she cut them down to 5ft. Having to come onto our property to do this. When asked to stop cutting and let the trees finsih blooming. She said that she didn't like them and that they where coming down. The large tree which was a living memorial to my husbands father that was killed on this property was over 100 years old and is now dying due to the severe beating and yanking that the workers did on the tree when trying to pull it down. We are currently finding all over our property birds nest that the where disturb with broken eggs, dead baby squirrels and we where avid bird watchers and we have found the birds don't come around anymore.This tree in itself was an eco-system and home to many birds, and wildlife. We are heartbroken and outraged at such a brutal act of ignorance. We want our trees removed and taken down and replaced along with damages to a living memorial that is dying.The estimate for the removal of the large 80ft tree and 2 5ft Crepe Mertles was over $3500. We don't have that kind of money and have been told that if the large tree dies will become a severe hazard to several homes. Where do we start to take legal action and what is the Texas law about Trees?? We have decided to take legal action we have sent letters asking her to help with the removal costs and find the letters in our yard in little pieces. HELP !!!
 
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<Russ Carlson>
posted
Reply to post by Juliana Holt, on May 30, 2002 at 10:47:07:

As Jim suggested, you will probably need to hire a lawyer for this. Try to find someone with some experience in tresspass law and with cases involving trees.

At some point, you will need a qualified arborist to help with the case. The American Society of Consulting Arborists can recommend highly qualified arborists and consultants in your area. Their web site and database is at

http://www.asca-consultants.org

or contact the main office at

American Society of Consulting Arborists
15245 Shady Grove Road
Suite 130
Rockville, MD 20850
(301) 947-0483
 
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<Scott Mosher>
posted
Reply to post by Juliana Holt, on May 30, 2002 at 10:47:07:

Juliana,

I can tell you from personal experience that this is an up hill battle for you now. My neighbor cut 30 trees off my property in april and we are still battling it through the courts. I recommend based upon the following costs I have incurred (survey $500, Arborist $500, Attorney $3000) that you consider your decesion carfully. The trees cut from my property were family trees and I too was very upset. Yet the tree only has value based on the present not the past. An arborist can tell you what that is. I reviewed Texas law in Find law.com and although I am not a Lawyer I read that the tree law refers to standing timber only. I NY it is different so I can not really compare the situation. I must say I understand your pain, but choose your path wisely you may not like the path on down the line. Good luck and god bless.

Scott

PS Remember Good fences make good neighbors!!
 
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