Can you cut your neighbor’s tree if it’s over your yard? Here’s what Texas law says
The large tree in your yard may bring curb appeal or add shade to your space, but if its branches are hanging over your — or your neighbor’s — roof, it can become a costly issue.
Fallen tree limbs are among the leading causes of roof damage in Texas. Clogged gutters, backed up with plant material like leaves, are another common roof problem.
Although most homeowners insurance policies do not cover preventative tree removal or care, trimming tree limbs can save money in the long run.
However, just because tree limbs are over your property line that doesn’t mean the tree is yours to trim. If a tree trunk is in your neighbor’s yard it belongs to them, according to self-help legal publisher Nolo.
Is my neighbor liable if their tree damages my roof?
Your neighbor is liable for any loss or damage caused by their tree when it falls, whether its from the limbs, branches or the entire tree, according to the Texas A&M Forest Service. That is, if you can prove negligence on their part.
You can sue your neighbor if a tree on their property causes “serious harm” — like roof damage or cracked foundation — to your property if the tree was decayed, diseased, dead or in a dangerous condition before a natural disaster.
If a neighbor is unwilling to trim their tree from your property, you can also sue to make them cut the branches even if no harm has been done.
However, your neighbor is not responsible for damages that qualify as an “act of God,” according to Texas law. This means if their tree was healthy before a natural disaster caused it to fall and cause “serious damage,” the tree owner is not liable.
Am I allowed to trim my neighbor’s tree if its over my property?
You are allowed to trim back branches up to your property line as long as you stay out of your neighbor’s property and don’t destroy the tree.
But be careful.
If you kill the tree by trimming it without permission, you could owe the homeowner money to compensate for harm done.
This story was originally published September 5, 2023 at 11:51 AM.
