greennewsdaily

Trees can quickly become a liability for landowners and property managers, especially in urban areas and on commercial properties. Property owners have a responsibility to identify and address potential tree hazards to help maintain a safe environment on their property.

Owners may be held liable for injuries, fatalities, or property damage resulting from tree failures. Routine tree inspections by qualified professionals and proper maintenance can significantly reduce these risks while also limiting the owner’s potential liability.

Conducting regular tree inspections demonstrates that a property owner has exercised due diligence in protecting the public. Documented inspections and timely corrective actions provide evidence that reasonable care has been taken to identify and mitigate hazards. In contrast, failing to inspect or address known tree concerns can increase a property owner’s exposure to liability. Even prior discussions or documented awareness of tree issues, without appropriate follow-up action, may be used as evidence against a landowner if a tree-related incident occurs.

Liability for Negligence

Liability shifts to the tree’s owner if negligence can be proven. 

• Prior Knowledge: If the tree was obviously dead, decayed, or diseased before it fell, the owner may be held responsible for the damage it causes. 
• The tree had an obvious defect, such as dead limbs, decay, root failure, cavities, or a significant lean.
• The owner had actual knowledge (for example, an arborist’s report, previous limb failures, or a neighbor’s written notice).
• The owner had constructive knowledge, meaning the defect was so apparent that a reasonable property owner should have discovered it through ordinary observation.
• The owner failed to take reasonable steps to reduce the foreseeable risk after becoming aware of the defect.

What Constitutes Negligence in Texas Tree Damage Cases?

Proving negligence in Texas tree damage cases requires demonstrating four essential elements:

• Duty of Care: The property owner had a legal duty to maintain their property in a reasonably safe manner, including inspecting trees for obvious hazards and taking appropriate action when risks are identified.
• Breach of Duty: The property owner failed to uphold that duty by ignoring clear warning signs or failing to take reasonable steps to address known tree hazards.
• Causation: The breach of duty directly caused the tree to fall and cause injury or damage your property. There must be a clear connection between their negligence and your damages.
• Damages: You suffered actual monetary losses as a result of the damage, including repair costs, property value reduction, or temporary displacement expenses.

Common Examples of Tree-Related Negligence

Understanding what constitutes negligence can help you evaluate whether you have a valid claim:

• Diseased or Decaying Trees: When a tree shows visible signs of disease, rot, or structural weakness, and the owner fails to have it professionally assessed or removed despite obvious warning signs.
• Dead Trees: Trees that have been dead for an extended period pose obvious risks. Allowing a dead tree to remain standing when it could reasonably fall and cause damage may constitute negligence.
• Overgrown or Poorly Maintained Trees: Excessively large trees with branches extending over property lines, especially those showing signs of weakness or structural instability.
• Ignored Warnings: When neighbors have previously notified the tree owner in writing about hazardous conditions, and the owner has failed to take reasonable action.
• Improper Tree Work: When property owners attempt DIY tree removal or hire unqualified individuals, it can lead to structural problems that cause the tree to fall unexpectedly.
• Root System Problems: Trees with compromised root systems due to construction, soil changes, or disease that create instability, the owner should reasonably address.

Right to Trim (Self-Help)

Texas common law permits property owners to trim encroaching roots and branches up to the exact boundary property line. In Texas, the trunk’s location determines tree ownership. You have the legal right (with some exceptions) to trim encroaching branches back to the property line. However, you cannot step onto your neighbor’s property without permission, and you may be liable if your trimming damages or kills the tree.

You cannot trespass onto your neighbor’s property to do this unless you get explicit permission.

You are entirely responsible for the costs of trimming.

Caution: If your pruning kills the neighbor’s tree (e.g., trimming an Oak incorrectly and causing a fatal disease), or violates any city or other regulations, you could be held liable for the tree’s replacement or mature value, which can cost thousands of dollars. 

Shared or Boundary Trees

If a tree’s trunk is situated directly on the boundary line, it is considered joint property. Neither neighbor can legally destroy or remove the tree without the other’s consent. 

Contact us to schedule an assessment 

We can inspect a specific tree of concern or a comprehensive property evaluation. Our ISA Certified Arborist will identify potential tree-related risks and provide professional recommendations for the most appropriate course of action.

With extensive knowledge of industry standards, local tree codes, and property owner responsibilities, we help you make informed decisions while reducing your potential liability. Protect your property, enhance safety, and gain peace of mind with a professional tree assessment.

Call us at: 512-748-3111

Or Email: kfarmer67@gmail.com

Kevin Farmer, ISA Certified Arborist TX 4115-A         President, Farmer’s Nursery, Inc.

Disclaimer: The information contained in this document is provided for informational purposes only and should be used with discretion. It is not intended to constitute legal advice. Property owners should consult qualified legal counsel regarding any legal questions or obligations related to their specific circumstances.

The author assumes no responsibility or liability for any actions taken or decisions made based on the information contained in this document.

If you would like hear more enter your email below and you will get new articles as soon as they are available.