Interesting. We'll probably need another Texas poster to really answer.

Am I correct in assuming all the cuts were on his side of the property line?

Check with your local government (city, town, whatever) to find out what the laws are there. The laws that address this vary greatly from place to place. You may want to ask a few different sources in your local government. Sometimes not everyone that should know, does.

hey brandon ... he wanted to start a conversation when he said: A general theoretical question

so without calling an local atty ... what can you tell use theoretically???

i suspect part of the problem would be proof.. since the remaining trees would probably take a few years to die.. and then the builder or forester is long gone ...

ken

Hmmm, well there's the percentage of liability if the neighbor decided to fight it out in court. Most of the time when a tree dies, multiple factors play at least some part in the loss.

Then there's the issue of why the neighbor was clearcutting and then digging/tilling/whatever without regard to his neighbors trees. Could there be some critical issue that caused him to act and that required the removal of his trees (like if his trees were dieing and threatening his house)? Are there other complicating factors?

To go real far out on a theoretical limb, there's the issue of why some neighbors feel it's their duty to cause problems and just generally be bad neighbors.

Look at the thread "Tree Health and Land Clearing Questions" was the impetus for this thread. The problem was someone was regrading their lot and its potential affect on the next door neighbor's trees. It would seem that there would be some liability incurred by someone regrading your lot and then the neighbor's trees die the following summer. But it may be next to impossible to prove. Was curious if any one has actual experience or case to go on.

Theoretically, it depends upon the laws of the municipality. Some states may have laws that govern this, but I doubt it. The city/county has to have legislation-rules-resolution-something in law that states action off-property that is negligent constitutes a liability.

That is: each place is different. I'd say places like certain cities in PierceCo and KingCo, WA would assign liability. But not many places, theoretically, do.

I'm also unaware of dicta that hold harm for off-property actions. There is decent empirical evidence that shows windthrow and adverse affects on shade-adapted plants after clearing, but put that in a residential context, you need a good lawyer and dicta in the state.

Dan

in other words.. you will most likely pay the lawyer more than the trees were worth

ken

I am the one who wrote the thread about tree clearing and tree health.
I hate it that my trees will suffer due to a careless act of another.
I am just trying to make sure I do everything I can to protect my trees during the transition from dappled shade to full sunlight.
I accidentally posted it first on the Texas forum. I am not in TX. I thought I had the trees forum.
I do not think of it from a legal aspect as the man that cleared his land owns his land and can do want he wants with it- even if it was a stupid move to cut down about 200 trees.

I did find out his HOA- (I am not in a HOA) restricts cutting down any tree that is over 6 inches in diameter and over two feet tall without the HOA approval. He did it without approval and with the trees gone, it is too late to do anything about it.

"...the man that cleared his land owns his land and can do want he wants with it."

In many places, the law would disagree with you about that.

"He (removed the trees) without approval and, with the trees gone, it is too late to do anything about it."

Actually, the HOA may have a number of options available, including requiring the homeowner to replant and restore the area as much as possible.

I do not think of it from a legal aspect as the man that cleared his land owns his land and can do want he wants with it- even if it was a stupid move to cut down about 200 trees.

The law disagrees with you.

However, there may be tree protection ordinances that state a certain minimum number or coverage must remain. That is where you go to look. No protection ordinances, no recourse for you.

He did it without approval and with the trees gone, it is too late to do anything about it.

HOAs lack much police power and maybe there is a directive that can lien the house/property for the amount of replacement required. These are public documents and you can obtain them. And if there is recourse here, I'm sure the HOA will take the right action...right? People do the right thing...right?

Nonetheless, that won't prevent the mortality on your lot but may protect other properties in the future if you are successful. If you know a lawyer I'd call one now if what you say is true.

Dan

I will check to see if there is an ordinance.

In Texas, HOA can ruin your life if you don't follow rules... They have that much power if they know how to do it... I recall one instance where an elderly lady forgot to pay annual due and HOA put her house on the market right away despite the lady trying to pay but they wouldn't let her. So yes, HOA can have too much power...