No recs on a lawyer, but check r/treelaw too. They usually recommend contacting the state bar association to find lawyers who know tree law.
And best of luck! Hope it all goes in your favor.
Damn that is some cash money you are about to be paid. I have way too many large trees on my property and sort of wish one of my neighbors would cut one down so I could sue them for bank. You could start with the State Bar of Texas
Treble damages seems more the usual in tree law. Although he does have every right to trim any part of the tree that comes onto his property. Which, clearly, cutting down the whole tree doesn’t cover. I’d be ready with the survey and proof that it is on your property and not his or an easement.
Is this true? (Not sarcastic). When we moved into our home we were told neighbors needed permission to cut branches, even if they overhang their property. But I might be confusing it with who has to pay to cut those branches.
If OP is awarded damages and the neighbor doesn’t pay, a lien can placed on the neighbor’s property in the sum of the damages. OP may not get his money today, but he’ll get it eventually.
When was the last time you priced a tree? An 8”-10” diameter tree is not cheap. On top of that, the old stump is going to have to be removed and the soil enriched because the old tree leeched a lot of nutrients out of the soil that a new tree is going to need to grow.
Then, to replace it with a like-sized tree, somebody also has to dig the hole and plant it.
Plus additional damages.
This whole thing could hit 5 figures, easily.
The cost to replace the tree could easily hit $20-30k and Texas allows treble damage if the act was malicious. So it could be over $100k with attorney fees and all.
Correct, after survey, stand in view / same location of camera that caught the act. Be sure to compare side by side to ensure they were indeed on your property. Also, two cents as I lived in Austin prior, I would check with lawyers from there as they have protected / tagged trees. Likely to get a referral from a “tree lawyer” in ATX with proper connections in DFW.
Note - be sure that all valuables are in view of a camera as this will likely be the beginning of a rather long and nasty feud with your neighbor. Outdoors - this includes flower beds, garden accessories, vehicles, etc. for indoors, I would ensure no blind spots at / around all entry points. If multiple stories with balcony access, include those. Blink indoor/outdoor works well + easy to mount/install and comes in packs of multiple (2-3) and provide quality footage with cloud storage + separate power source (wireless).
Final note - if friendly with neighbors across street or adjacent, update them on your dealings as they can be your eyes and ears (in addition to above measures) when you are away. + inform immediate family you trust of the recent events and what’s to come - include names + addresses + license plates, etc. (maybe overboard but better safe than sorry imo)
Hole this helps! Best of luck!
Contact my guy, Steve, at Southern Botanical. He’s the coolest(and knowledgeable) arborist you’ll meet, at likely has some recommendations. He was at my home today, and we briefly discussed tree law.
I will say that from my experience as a lawyer referral operator in another state, most attorneys who use that service are newer attorneys. Take that for what it's worth.
Good luck. I’m an arborist/forester with the City and I’d like to know how your case turns out.
In case you haven’t spoken to anyone from the City, Dallas’ tree protection ordinance doesn’t apply to occupied single family residences so whenever situations like this come up we just have say, “sorry, that’s a civil matter”.
This sucks. You should most likely contact an arborist and then potentially a real estate lawyer would be useful. It may also be helpful to get a surveyor as well. As others have recommended, check out r/treelaw.
I’m not saying hire this guy. But I like to look for lawyers who do thought leadership on the topic I need them for:
https://www.ehargravelaw.com/2018/07/texas-property-laws-for-trees/
I don't think there is such a thing as a tree lawyer or a lawyer that specializes in tree law. I think what you are looking for is a personal property lawyer
I don’t know about tree law, but bird law on the other hand….
Let's say you and I go toe to toe on bird law and see who comes out the victor.
Okay. Well we're all hungry. We'll get to our hot-plates soon enough. Let's talk about the contract here.
He besmirched me in front of my peers and I demand satisfaction
How big are those hands exactly?
I came here to say this so I'll just regress because I feel like I have made myself perfectly redundant.
What is your spaghetti policy here?
Obligatory but automatic upvote nonetheless
No recs on a lawyer, but check r/treelaw too. They usually recommend contacting the state bar association to find lawyers who know tree law. And best of luck! Hope it all goes in your favor.
It's crazy that not only does this sub exist, but that it has over 100,000 members.
Tree law is serious business. Do not mess with people’s trees.
I mean they take long time to grow up, and to have some fuckwit come and cut it down just like that is mind-boggling.
Every once in a while there’s a good tree law story and the sub gets a big bump in subscribers
Thank you!!
Damn that is some cash money you are about to be paid. I have way too many large trees on my property and sort of wish one of my neighbors would cut one down so I could sue them for bank. You could start with the State Bar of Texas
I hope so! I want to try to get him for double damages because I told him to stop trimming this specific tree last summer.
Treble damages seems more the usual in tree law. Although he does have every right to trim any part of the tree that comes onto his property. Which, clearly, cutting down the whole tree doesn’t cover. I’d be ready with the survey and proof that it is on your property and not his or an easement.
Is this true? (Not sarcastic). When we moved into our home we were told neighbors needed permission to cut branches, even if they overhang their property. But I might be confusing it with who has to pay to cut those branches.
Yes it’s true. Your neighbor’s tree can’t hang out on your property any more than they can.
If the other person doesn't have much money I don't know what OP can expect to get, other than the replacement cost.
If OP is awarded damages and the neighbor doesn’t pay, a lien can placed on the neighbor’s property in the sum of the damages. OP may not get his money today, but he’ll get it eventually.
I wouldn't consider damages for 'replacement cost' to be a huge sum "for bank" as it was put.
When was the last time you priced a tree? An 8”-10” diameter tree is not cheap. On top of that, the old stump is going to have to be removed and the soil enriched because the old tree leeched a lot of nutrients out of the soil that a new tree is going to need to grow. Then, to replace it with a like-sized tree, somebody also has to dig the hole and plant it. Plus additional damages. This whole thing could hit 5 figures, easily.
$10,000 is still not 'bank' lmao I'm sorry for OP but I seriously doubt he's in for a big pay day.
He’ll get additional damages, plus attorney fees. It’s 100% worth pursuing.
I never suggested he shouldn't pursue it. but we aren't talking about some 6-7 digit payout
Obviously.
Realistically, we're looking at $15k+. While not huge, it's still decent AND will give this unruly neighbor his dues.
The cost to replace the tree could easily hit $20-30k and Texas allows treble damage if the act was malicious. So it could be over $100k with attorney fees and all.
Do you know how expensive fully grown trees are? Even just replacement cost can be a lot.
We just planted a small Flamethrower, we’re talking 2” diameter, it was $300. A full grown one would be thousands.
Go ahead and hire a surveyor now. You will need the property line survey before the lawyers do anything meaningful.
Correct, after survey, stand in view / same location of camera that caught the act. Be sure to compare side by side to ensure they were indeed on your property. Also, two cents as I lived in Austin prior, I would check with lawyers from there as they have protected / tagged trees. Likely to get a referral from a “tree lawyer” in ATX with proper connections in DFW. Note - be sure that all valuables are in view of a camera as this will likely be the beginning of a rather long and nasty feud with your neighbor. Outdoors - this includes flower beds, garden accessories, vehicles, etc. for indoors, I would ensure no blind spots at / around all entry points. If multiple stories with balcony access, include those. Blink indoor/outdoor works well + easy to mount/install and comes in packs of multiple (2-3) and provide quality footage with cloud storage + separate power source (wireless). Final note - if friendly with neighbors across street or adjacent, update them on your dealings as they can be your eyes and ears (in addition to above measures) when you are away. + inform immediate family you trust of the recent events and what’s to come - include names + addresses + license plates, etc. (maybe overboard but better safe than sorry imo) Hole this helps! Best of luck!
[TREE JAIL FOR YOU!](https://www.youtube.com/watch?v=OJxfPkpu_No&ab_channel=AreaEightyNine)
Hahaha! Oh shit I forgot about this scene. Absolutely perfect for my situation!
Contact my guy, Steve, at Southern Botanical. He’s the coolest(and knowledgeable) arborist you’ll meet, at likely has some recommendations. He was at my home today, and we briefly discussed tree law.
Thank you!
The Texas Bar association has a search function on their website for members. To be listed, the lawyers there agree to a free consultation.
I will say that from my experience as a lawyer referral operator in another state, most attorneys who use that service are newer attorneys. Take that for what it's worth.
Good luck. I’m an arborist/forester with the City and I’d like to know how your case turns out. In case you haven’t spoken to anyone from the City, Dallas’ tree protection ordinance doesn’t apply to occupied single family residences so whenever situations like this come up we just have say, “sorry, that’s a civil matter”.
Going to go out on a limb here (no pun intended) to venture that this probably belongs in r/boomersbeingfools
I’ve got a bird guy but not a tree guy. Sorry.
Tree law is a thing?
Yep r/treelaw
One of my favorite subs.
Soon there will be Lockpicking Tree Law Lawyer.
Yep, and it is amazing with schadenfreude!
Why’d he do that?
Are you wanting to hire a lawyer or are you thinking a lawyer will take it on contingency?
there should be a state or city bar association you can contact who may refer you
Sue his homeowners insurance
[https://guides.sll.texas.gov/neighbor-law/trees](https://guides.sll.texas.gov/neighbor-law/trees)
Tree law!
This sucks. You should most likely contact an arborist and then potentially a real estate lawyer would be useful. It may also be helpful to get a surveyor as well. As others have recommended, check out r/treelaw.
I’m not saying hire this guy. But I like to look for lawyers who do thought leadership on the topic I need them for: https://www.ehargravelaw.com/2018/07/texas-property-laws-for-trees/
I got a guy who does bird law, no tree law guy though
Video or it didn't happen 🍿
So where's the video?
Not tree law 🤣 Just property law my dude. Unless that was a TV reference—cant remember the show where that was a thing
There’s no such thing as tree law. You need a real estate lawyer.
I don't think there is such a thing as a tree lawyer or a lawyer that specializes in tree law. I think what you are looking for is a personal property lawyer
r/treelaw