Check out our Abandoned Property research guide for more on adverse possession. This page will provide you with some general information on land ownership, while the subsequent pages dive into more specific subjects such as fences, trees and easements. More The Common Law … Neighbor harassment is a very real thing. Don't have a library account? Consequently, unless there are certain deed restrictions mandating fences to be erected and which spell out responsibilities among neighbors, you are not obligated to fix the fence between your and your neighbor’s property. Most of these laws create the presumption that a fence is a nuisance to a neighbor when it is useless, when it is constructed to annoy a neighbor, and when it exceeds spite fence height limitations. Chapter 15 of this book discusses neighborly problems. Under common law, Texas is an "open range" state, meaning that a livestock owner does not have a legal duty to prevent animals from getting onto the roadway. joining neighbors are inevitable. This article from Nolo, a legal publisher, discusses how adverse possession law works in Texas. This private attorney's office has published a list of stock laws in Texas by county. You can borrow the e-books below with your library account. Copyright by the Texas State Law Library. See the resources below as well as our Livestock guide for more information. State laws on fences and range restrictions. The fence between my property and my neighbor’s property is down. By bringing suit, the plaintiff usually seeks to control or limit the use of the land owned by the defendant. The rules governing encroaching grasses are specified both by case law and statutes. An FAQ page from TexasLawHelp.org that discusses neighbor fences and whose responsibility it may be to repair. There are two basic types of nuisance suits. Who has to pay to replace it? : answers to Texans' everyday legal questions [electronic resource], https://guides.sll.texas.gov/neighbor-law, State Bar of Texas Lawyer Referral Service, Owning Your Piece of Texas: Key Laws Texas Landowners Need to Know [PDF], Please take our patron satisfaction survey, 205 West 14th Street, Austin, Texas 78701-1614. Texas Law May Allow You to Trim and Cut Branches Even with an Easement Under Texas law, even if your neighbor has the right to allow his tree limbs to hang over your property, you have the right to trim the leaves, and even cut the branches, if they pose a danger to your property or block your sunlight. This guide was created to help readers learn about the legalities of neighborhood life by providing information on common types of neighbor disagreements. Sometimes a neighbor may build an ugly fence out of spite for a neighbor. Neighbor law : fences, trees, boundaries & noise [electronic resource] This e-book provides information about your legal rights and responsibilities as a neighbor. Topics include video surveillance, security cameras and drones. Posted September 1, 2012 by Michael Heygood This subchapter governs adverse possession in Texas, often referred to as "squatter's rights". In Texas, the location of the trunk of the tree determines who owns it, even if the roots or branches grow onto an adjoining neighbor’s land. From an ownership perspective, Texas groundwater law is simple and straightforward: Groundwater is the private property of the owner of the overlying land. First, the following are some basics about fences in Texas: If a fence is on your property, then you generally own that fence and are responsible for maintenance of the fence. Please take our patron satisfaction survey! Regardless of where you call home in Texas, you have some options for dealing with secondhand smoke, specifically cigarette smoke. The Law of Nuisance Lawsuits invoking the law of nuisance typically involve neighbors suing their neighbors or a public official suing a property owner for the benefit of the general public. Learn your rights and responsibilities with Neighbor Law, the plain-English guide to the laws behind common neighbor disputes.. Boundary line disputes may arise between adjoining neighbors for a variety of reasons. Don't have a library account? Learn more about how to register online. All rights reserved. A landowner has the right to trim or cut off the limbs or branches of boundary trees or brush that reach onto his or her property, as long as no damage to the other adjoining landowner occurs. Sometimes even a hedge can act as a boundary. Too often, we are told to "just deal with it," or that bad neighbors are a part of life. Texas does not have a specific state law that addresses boundary line fences. Don’t let a neighborly nuisance turn into a nasty lawsuit. my neighbors home sits higher than mine, he … It is common for Texas residents to question whether they have a legal right to remove a neighbor’s tree limbs that hang over their property. The State of Texas outlawed the entire Encyclopedia … If you have questions about whether a neighbor may have injured your property in violation of the law, in Texas or wherever your property is located, contact the lawyers at Heygood, Orr & Pearson by calling toll-free at 1-877-446-9001, or by filling out our free online case evaluation form. Texas Fence Law: Open Range….or Not? While one neighbor may own the tree, frequently roots and branches can naturally encroach on a neighbor's property. This e-book provides information about your legal rights and responsibilities as a neighbor. Neighbor Law is more than a legal guide—it’s a practical book filled with tips on how to solve problems and restore good neighbor relations. The neighbor keeps calling the Police when he believes it's too loud but in fact we have taken measurements according to above law section reference and we are within limits. Under Texas property laws, if a tree falls from natural causes (lightning, storms, water) the property owner of the place where a tree has fallen is responsible for removing the tree. The Texas Agriculture Code allows stock laws that regulate cattle, domestic turkeys, donkeys, goats, hogs, horses, jacks, jennets, mules, or sheep.5 Based on the particular law, it is possible that the same area may be closed range for horses and donkeys, but open range for cattle. It discusses the concept of "running at large," liability issues, estrays, and fences. Many types of nuisances are regulated by both state and local laws. Whoever holds legal title is presumed to be the owner unless and until the adverse possessor can meet that burden. Topics include animal control, pets, service animals and hunting & fishing. State of Texas | Statewide Search | Report Fraud in Texas | Texas Statutes, Site Map | Library Policies | Accessibility | Employment Opportunities, 205 West 14th Street, Austin, Texas 78701-1614 "This book from Nolo is updated to include the latest procedures for small claims courts in every state. Topics include abandoned vehicles & homes, adverse possession and trespassing. See our Municipal Laws and Ordinances page for assistance locating your local laws. Texas law generally allows you to remove encroaching branches, so long as you do not harm the health of the tree. Texas residents can register for a library account online! Renter's rights, lockouts and evictions and more on the landlord/tenant relationship. A blog post from the Texas A&M Agri-Life Extension discussing state law that provides requirements for a landowner seeking to remove certain fences on his or her own property. Texas law also addresses issues involving trees along border lines. This was an “Act of God.” However, if the tree was decayed, diseased, dead, or in an otherwise dangerous condition before the disaster, then you can hold him liable for damages. (Part 2), Texas Stock Laws By County (Matthiesen, Wickert & Lehrer, S.C., Attorneys at Law) [PDF]. While Texas subscribes to the "common enemy doctrine", it has modified the doctrine by holding landowners responsible for damage to neighboring property due to diversion of surface water. This e-book provides information about your legal rights and responsibilities as a neighbor. The Texas State Law Library publishes legal research guides to help both self-represented litigants/pro se litigants and attorneys/legal practitioners locate the legal information they need. 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