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Trees Falling In Woods Opposite Our House

by lanfear63
20 replies
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We live In Conroe TX on a Street opposite a narrow strip of land which is heavily wooded. This land is privately owned. It runs the full length of our road and not fenced off. Due to excessive drought a couple of years ago many trees dried up and died. Now, on a regular basis they are falling down, sometimes encroaching across the road, people along the street tend to pick up these dried husks that tend to shatter into pieces and put them back on the land.

Some though are a lot larger that will potentially fall and could pose a danger to people as well as trucks and cars parked that side of the road.

I was wondering if any of you have had experience of this sort of thing. Would it be best to contact the local council or track down the land owners. since the danger is there I would say the local council first.

What are your thoughts on this?
  • Profile picture of the author Kay King
    If I were you I would check local ordinances (safety ordinances perhaps) to start with. Where I lived on the coast there was a law that trees in danger of falling into a roadway had to be removed by the owner of the property.

    If a couple people complained, the officials would send a notice to the owner. It's not the owner's fault, of course, but may be legally his responsibility. Worth checking it out.
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  • Profile picture of the author Claude Whitacre
    Originally Posted by lanfear63 View Post

    We live In Conroe TX on a Street opposite a narrow strip of land which is heavily wooded. This land is privately owned. It runs the full length of our road and not fenced off. Due to excessive drought a couple of years ago many trees dried up and died. Now, on a regular basis they are falling down, sometimes encroaching across the road, people along the street tend to pick up these dried husks that tend to shatter into pieces and put them back on the land.

    Some though are a lot larger that will potentially fall and could pose a danger to people as well as trucks and cars parked that side of the road.

    I was wondering if any of you have had experience of this sort of thing. Would it be best to contact the local council or track down the land owners. since the danger is there I would say the local council first.

    What are your thoughts on this?
    Do you mean, have we had healthy trees commit suicide after they found out that we moved onto their street?

    No. Do you know what they call tree ghosts? Groots.

    Little known fact; Have you noticed,on a breezy day, that the trees sway? That's what causes the breeze.


    .....The More You Know......
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    • Profile picture of the author lanfear63
      Originally Posted by Claude Whitacre View Post

      Do you mean, have we had healthy trees commit suicide after they found out that we moved onto their street?

      No. Do you know what they call tree ghosts? Groots.

      Little known fact; Have you noticed,on a breezy day, that the trees sway? That's what causes the breeze.


      .....The More You Know......
      Groot has drafted a letter to the local council.

      You work for Special Branch don't You. I twigged that a while back. This leaves me no option but to bark at you till I sap all my strength.

      I will now log off

      Tim Berr
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  • Profile picture of the author yukon
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    When your not home, do the trees make any noise when they fall?
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    • Profile picture of the author lanfear63
      Originally Posted by yukon View Post

      When your not home, do the trees make any noise when they fall?
      How do you know if their falling when I'm not home? Have you been spying?
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  • Profile picture of the author seasoned
    Originally Posted by lanfear63 View Post

    We live In Conroe TX on a Street opposite a narrow strip of land which is heavily wooded. This land is privately owned. It runs the full length of our road and not fenced off. Due to excessive drought a couple of years ago many trees dried up and died. Now, on a regular basis they are falling down, sometimes encroaching across the road, people along the street tend to pick up these dried husks that tend to shatter into pieces and put them back on the land.

    Some though are a lot larger that will potentially fall and could pose a danger to people as well as trucks and cars parked that side of the road.

    I was wondering if any of you have had experience of this sort of thing. Would it be best to contact the local council or track down the land owners. since the danger is there I would say the local council first.

    What are your thoughts on this?
    I would say CONTACT BOTH! It isn't the owner's fault, but THEY bought/grew the property, so THEY have a responsibility to clear it or take care of it. The time for taking care is PAST! Erosion and rot have made it a danger. They now have to CLEAR any unsafe plants that can affect the road and/or other people's property. YOU CAN'T, because that would be trespassing, so THEY MUST!

    If a hazard occurs within a certain period, or after a reasonable period of others trying to notify them, it becomes the CITY'S responsibility, and THEY must do something. I would try to start that clock ASAP! Sometimes it starts after a period of notification has started.

    Further, if I lived there, and my property got hurt, I would be going after THEM!

    Steve
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  • Profile picture of the author seasoned
    Originally Posted by lanfear63 View Post

    We live In Conroe TX on a Street opposite a narrow strip of land which is heavily wooded. This land is privately owned. It runs the full length of our road and not fenced off. Due to excessive drought a couple of years ago many trees dried up and died. Now, on a regular basis they are falling down, sometimes encroaching across the road, people along the street tend to pick up these dried husks that tend to shatter into pieces and put them back on the land.

    Some though are a lot larger that will potentially fall and could pose a danger to people as well as trucks and cars parked that side of the road.

    I was wondering if any of you have had experience of this sort of thing. Would it be best to contact the local council or track down the land owners. since the danger is there I would say the local council first.

    What are your thoughts on this?
    I would say CONTACT BOTH! It isn't the owner's fault, but THEY bought/grew the property, so THEY have a responsibility to clear it or take care of it. The time for taking care has PASSED! Erosion and rot have made it a danger. They now have to CLEAR any unsafe plants that can affect the road and/or other people's property. YOU CAN'T, because that would be trespassing, so THEY MUST!

    If a hazard occurs within a certain period, or after a reasonable period of others trying to notify them, it becomes the CITY'S responsibility, and THEY must do something. I would try to start that clock ASAP! Sometimes it starts after a period of notification has started.

    Further, if I lived there, and my property got hurt, I would be going after THEM!

    Steve
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    • Profile picture of the author BigFrank
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      I think that was quite over the top - the first time. :-)

      Matter of FACT - I'm SURE of IT!!!

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  • Profile picture of the author garyv
    Originally Posted by lanfear63 View Post

    We live In Conroe TX

    I grew up right down the road (1314) from there - closer to Porter TX. I still have an Aunt over in Cleveland TX.


    We had the same problem there in the early 80s after a Hurricane (I think it was Alicia) went through. Many trees were damaged and were falling for years after that. There are a lot of unkempt properties out there, which is what I love about Texas. But I remember a group of neighbors getting together and approaching the property owners about taking these trees down. They all split up the wood for their own use.
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    • Profile picture of the author MikeAmbrosio
      Originally Posted by garyv View Post

      I grew up right down the road (1314) from there - closer to Porter TX. I still have an Aunt over in Cleveland TX.
      You mean there's more than one Cleveland?

      Why? Wasn't one already one too many?

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      • Profile picture of the author lanfear63
        I have created a letter to the City Council ( Public Works) and put it out for mailing. I think that letters are more effective than waiting on a phone line trying to get the right dept.

        Since it presents a danger I would hope they would come out and appraise the situation and contact the land owner to do remedial work. If I get no reply after a few weeks will taking further action. Perhaps get the whole street to complain which often can help.
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        • Profile picture of the author ThomM
          Not sure about Texas, but around here cities, counties, and the state claim eminent domain for all property within 20 feet of the center of the road. We had a Willow tree that dropped branches on the road all the time that the town removed.
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          • Profile picture of the author seasoned
            Originally Posted by ThomM View Post

            Not sure about Texas, but around here cities, counties, and the state claim eminent domain for all property within 20 feet of the center of the road. We had a Willow tree that dropped branches on the road all the time that the town removed.
            A LOT of towns technically consider areas maybe 6-8 feet past the street,(about 12-14 feet from the center of a narrow street) on any side, a public easement(The OWNER is to manage most of it and keep it open for the public and city, though the city will take care of some or all of it sometimes.). This allows for a little border, a sidewalk, and an area that may have power, cable, water, and sewage. You may never hear about it, but if you block it long enough, YOU likely WILL. They probably usually do nothing unless someone complains.

            Steve
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          • Profile picture of the author MikeAmbrosio
            Originally Posted by ThomM View Post

            Not sure about Texas, but around here cities, counties, and the state claim eminent domain for all property within 20 feet of the center of the road. We had a Willow tree that dropped branches on the road all the time that the town removed.

            Actually they call them easements. Nicer word I suppose

            I tried to have a tree removed from the corner of my yard because of the branches getting close to the power lines. When the town sent the power company out they said the tree was not on the easement so I would have to pay to have it removed. All they would do is trim any branches that were close to the wires. That's what pretty much killed this tree. The years of "trimming" by the power companies.

            In the end, I paid. It's gone now.
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            • Profile picture of the author seasoned
              Originally Posted by MikeAmbrosio View Post

              Actually they call them easements. Nicer word I suppose

              I tried to have a tree removed from the corner of my yard because of the branches getting close to the power lines. When the town sent the power company out they said the tree was not on the easement so I would have to pay to have it removed. All they would do is trim any branches that were close to the wires. That's what pretty much killed this tree. The years of "trimming" by the power companies.

              In the end, I paid. It's gone now.
              Yeah, an easement is property YOU pay for and YOU often care for, but it is open for OTHERS to use. They can actually SUE you if you deny access. I have like three easements on my property. One in front, for the sidewalk, drainage, etc... Another in back to help drainage THERE, and one behind that for power, etc...

              Steve
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            • Profile picture of the author ThomM
              Originally Posted by MikeAmbrosio View Post

              Actually they call them easements. Nicer word I suppose

              I tried to have a tree removed from the corner of my yard because of the branches getting close to the power lines. When the town sent the power company out they said the tree was not on the easement so I would have to pay to have it removed. All they would do is trim any branches that were close to the wires. That's what pretty much killed this tree. The years of "trimming" by the power companies.

              In the end, I paid. It's gone now.
              I know it's called an easement, but my towns super of highways called it eminent domain when I got into an argument with him over a street sign they put up in my yard
              His words where "we can do whatever we want because we have eminent domain up to 20 feet from the center of the road." Since then I've been fighting with him to take down a pine tree my mother had planted that is interfering with my power lines. This has been going on for years now. At one point I called the cops on him when they where paving my road and he told all my neighbors to park in my driveway (and lawn) when they couldn't get to their own driveway.
              I had the same thing happen with the power company a couple years ago when they did the tree trimming here. They said they only had permission to trim the tree branches over the power lines that run along the side of the road. The company agreed the tree should be removed, but the highway super wouldn't approve it. After I gave the company permission to pull their trucks on to my lawn to trim some trees they agreed to leave a couple branches on the pine tree that will take down the power lines if they fall In their report they said they couldn't take those branches down and that if they did fall the whole tree would have to be removed (on the towns dime) as it would then be a potential hazard to my power lines and my house.
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              • Profile picture of the author seasoned
                Originally Posted by ThomM View Post

                I know it's called an easement, but my towns super of highways called it eminent domain when I got into an argument with him over a street sign they put up in my yard
                His words where "we can do whatever we want because we have eminent domain up to 20 feet from the center of the road."
                He sounds like a BLITHERING IDIOT! Eminent domain is the right to REASONABLY appropriate property when it is NEEDED for the PUBLIC GOOD! It is NOT carte blanche to do "whatever they want"! The best place for a street sign is within a few feet off the side of the street, but that would generally NOT be in your yard!

                Since then I've been fighting with him to take down a pine tree my mother had planted that is interfering with my power lines. This has been going on for years now. At one point I called the cops on him when they where paving my road and he told all my neighbors to park in my driveway (and lawn) when they couldn't get to their own driveway.
                INSANE! I hope the cops did something. The super was encouraging criminal tresspass

                Trespass - Wikipedia, the free encyclopedia

                I would say he KNEW it was illegal, since it was NOT his property, and knew that it would interfere with your use since I'm PRETTY sure he tries to not drive faster than cars in front of him for the SAME reason.

                BESIDES, aren't they supposed to provide adequate notice of a detour? Have you thought about calling HIS boss, and that persons boss, and THAT persons boss?

                Steve
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        • Profile picture of the author seasoned
          Originally Posted by lanfear63 View Post

          I have created a letter to the City Council ( Public Works) and put it out for mailing. I think that letters are more effective than waiting on a phone line trying to get the right dept.

          Since it presents a danger I would hope they would come out and appraise the situation and contact the land owner to do remedial work. If I get no reply after a few weeks will taking further action. Perhaps get the whole street to complain which often can help.
          The letter is a GOOD idea. In fact, ESPECIALLY to the property owner, SEND IT CERTIFIED! That gives a trackable record that covers you. Do it maybe once a week for three weeks, or until they respond. Keep the correspondence until your property is no longer in danger.

          I STILL suggest calling ALSO though. The letters are considered legal evidence. The phone calls might keep your property safe.

          Steve
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  • Profile picture of the author MikeAmbrosio
    Politics...

    I just think that if the town has the right to come by and kill the tree (due to poorly trimming away from power lines) then they should have paid to take it down.

    They got around that by saying their "expert" said the tree was perfectly healthy even though mine said they were a danger.

    We lose...
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  • Profile picture of the author seasoned
    And read the history portion of:

    eminent domain legal definition of eminent domain

    Steve
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