Posted by steven on February 28, 19101 at 22:06:27:
In Reply to: Poisoning a tree posted by Doug on February 28, 19101 at 21:38:17:
These questions are usually from people trying to kill someone elses tree.
Please do not help them.
And for Doug:
If you want to keep your butt out of a sling, I would consult a lawyer before you do anything, one who is familiar with any city or county ordinances pertaining to where you live. Yes, I know, I don't much like going to see one either, much less paying $50 to $250 for a consultation, but it will more than likely save you MUCH more than that later. Insurance companies value trees at $100 per inch of trunk diameter, even scrub cedars. So you can see that you might end up paying big if you're not careful.
Finding out the law beforehand is the only way to go. In most instances when you own property, you not only own the dirt and what's beneath it, but also the air space above it. According to Texas state law, you can legally remove the parts of the tree that are invading your air space and of course, the roots below your piece of ground. But city and county laws supercede state law at times ~ this is where it gets sticky and the lawyer comes in handy (Don't just take his word for it either ~ ask to physically see a copy of the law). You never know if the city/county officials may have passed some law or ordinance addressing this very problem. Heck, you might find out that since it's causing a nuisance to you and is on the property line, you can cut it down in broad daylight!
Speaking of that, do you know for a fact that that is exactly where the line is? Have you seen the survey pins? It just may be that the line is a little farther past that tree than you think. You never know. If you know that the tree is RIGHT on the line, you might could even remove the half of the tree that's on your property (which very well may kill it). Whether or not you can do that is a question for the lawyer.
Even if it is legal for you to prune or kill the roots, the law may hold you responsible for any adverse consequences to the tree.
Just keep in mind how litigious our society has become and watch your step.