Next door Lot Maintanence

General Real Estate Investing
1

A year ago I closed on a HUD house on a water channel of a Texas lake. I have since been renovating for myself as my future permanent home when it’s complete. The original owners lost the house in foreclosure and it’s condition forced it in to HUD status. They also own the two lots to the left of the house. In pre-foreclosure negotiations on the house, I was also seeking to purchase the lots. Tax values show the lots evaluated at $800 and $700. They wanted $3k for them. I considered it but when the deal started to go south, I dropped plans on picking up the lots figuring they weren’t going anywhere and were unlikely to sell.

The two lots are empty with as many 6-8 well established trees…meaning 40-60’ high. Four of them were probably in distress before I bought the house and last years drought pretty much killed them off. In recent weeks, several branches have come crashing down, the most recent last night when the wind kicked up a bit, and Sunday just after I finished blowing leaves in that area. Had the blower not run out of gas leading me to walk back to the house I likely would not be here today writing this as a large branch fell 3mins after I walked away and landed literally on the ground where I was standing.

My concern is at least one of those dead trees is within striking distance of the house and should it fall my way, could cause considerable damage. I also want to have a shed build on my side of the property line and it would also be at risk of one, if not two of the dead trees.

A couple of points…

  1. The value of the lots are worth only in the vicinity of $1k-1500k.
  2. The cost to have the trees removed would probably run $2k-3k given their size, etc.
  3. The owners have no money to remove the trees.
  4. I’d still like to have the lots.

My questions…
If the current owners (assuming I can find them) can not afford, or are not willing, to cut the dead trees down, how can I go about legally undertaking their removal myself thus protecting my property (and possibly my life on a breezy day)? If I pay to have the trees removed, can I attach a lien on the property to recoup my expenses or to eventually assume ownership if they don’t make good on the lien?

Thanks for any insight you can provide!

-Bill
Gun Barrel City, TX

2

File with the city or county and let them make a decision. If you did cut the trees the owner could charge you with trespassing and destroying private property.

3

I agree, call the city, they will put pressure on the lotowner to do something about the trees. might encourage them to part wi the lots. or negotiate the tree removal as part of the purchase price.

4

A good point to consider. If you’ll do it without the owner’s knowledge then that’s trespassing. Of course, you can always ask for permission on the owner. I have the feeling that they will somehow agree, if they don’t then do as what the above quoted statement is!

5

Or you could let the tree fall on your side and then you send a clean up bill by mail to the owner at the address the county recorders office has and if he/she does not respond go to court and get a default judgment and put a lien on the property.

6

IANAL, but if you can find the owner I would also send him a certified letter, return receipt requested stating exactly what you told us and putting him on notice of the danger his trees are posing to your property. That way if anything does happen, you will have a better recourse should you have to go to court later for damages.