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Homeowner distraught after new development cuts up beloved tree over property line: 'I told them I did not consent to them removing my tree'

"They had already cut off several large branches that were hanging over the roof of my property."

"They had already cut off several large branches that were hanging over the roof of my property."

Photo Credit: iStock

A distraught homeowner sought counsel from the internet after a new development threatened the survival of their beloved pecan tree. 

In the subreddit r/treelaw, the homeowner explained that a single-family home had been demolished to make way for a three-story condo, and the developers sent arborists to remove the towering pecan tree to make way for a concrete driveway. 

Around eight inches of the tree's base was technically on the neighboring property, and the team was adamant it would be removing those parts of the trunk. 

"They had already cut off several large branches that were hanging over the roof of my property."
Photo Credit: Reddit
"They had already cut off several large branches that were hanging over the roof of my property."
Photo Credit: Reddit

"They had already cut off several large branches that were hanging over the roof of my property," the original poster wrote in a comment. "I told them I did not consent to them removing my tree. … They said after they cut off half the tree it'd start to lean and within 4 years it'd be leaning on my house."

Other Redditors quickly advised the OP to consult with an attorney, with one suggesting the homeowner may be able to get a temporary order to stop the work until things were sorted. Another pointed out a potentially winning piece of information for the OP's case. 

"Pecan trees are protected heritage trees in Texas," the commenter wrote.   

The OP didn't share the dimensions of their stunning tree, but according to Good Guys Tree Service, a pecan tree qualifies for the "heritage" designation if it is at least 24 inches in diameter. Trees considered hazardous for property structures may be candidates for removal, but arborists are still required to have permits. 

While the condo residents (or future residents) didn't appear to have a say in the destruction of the OP's pecan tree — a situation with which many homeowners are sadly all too familiar — the frustrating dilemma highlights how development decisions can harm surrounding ecosystems.

Trees help clean the air by converting the planet-warming gas carbon dioxide into oxygen. They also serve as shelter and food sources for numerous creatures, including beneficial pollinators

However, habitat destruction is one of the key threats to the survival of pollinators, along with toxic chemical pesticides and the effects of rising global temperatures. Supporting and cultivating native species at home can go a long way toward supporting environmental health. 

As for the pecan tree, which is native to Texas, it is pollinated by wind. Yet it supports wildlife such as deer, birds, and opossums, according to the Department of Agriculture

The results of the OP's situation appear to be pending, but unauthorized tree removals can sometimes come with hefty fines

"Look for an arborist that does tree appraisals and have them give you the value of the tree," another person suggested. "I'd also have someone come out and evaluate how much the removal of that tree impacts your property value."

The poster revealed that they would be hiring an attorney "with experience in land use" to help them make sense of their options. 

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