Texas Laws on Neighbors' Trees

Tree Related Damage

• According to an article by Ronald Lipman in "The Houston Chronicle," when the tree damages property, the health of the tree determines who is responsible for the damage. For example, a tree from one person's house fell over and knocked down a fence. If the damage occurred as the result of environmental factors, then the owner of the tree is not responsible for the damages. Environmental factors may include rain or wind. The neighbor or tree owner is responsible for the damages if the tree was dead, dying, diseased or in the process of decaying. The owner of the diseased tree is responsible because the tree posed a harmful risk.

Trimming Trees

• When trees sit along the property line, a portion of the trees may cover both yards. If the trees cause potential damage to your home, including hanging on your roof, then you are legally allowed to trim the trees back. The problem is that you must keep the trees in healthy and livable condition. Pruning the trees too much can result in death. If the trees die, then you must replace the trees or pay the cost of the trees.

Considerations

• If you live in a subdivision, historic district or any type of neighborhood that has its own regulatory committee or homeowner's association, then you must consult that organization. The organization may have rules or regulations in place that determine who should cut or remove trees that grow along a property line. The association will typically give the neighbor a set amount of time to trim the property or risk a fine for not complying with neighborhood regulations. In some cases, the association will give you the go-ahead to trim the trees or ratify the problem yourself.

General Rules

• You are the owner of the tree if the tree trunk sits primarily on your property. If you have any doubts regarding property line, then you must contact your local government and get a copy of your deed. You may even need a surveyor to come out and carefully mark the property line. When you decide to trim the tree or cut back the branches, you must do so in your own yard and on your property.