Texas Law

If my neighbor's tree branches hang over my yard, can I trim them?

Yes. By law, you have the right to trim branches and limbs that extend past the property line. However, the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbor's property or destroy the tree. If you do harm the tree, you could be found liable for up to three times the value of the tree. Most trees have a replacement value of between $500 and $2500. Ornamental or landmark trees can have a value of between $20,000 and $60,000.

Laws regarding property lines and trees vary by state, so be sure to check your state's rules at FindLaw's State Property and Real Estate Laws section.

Texas Property and Real Estate Laws

Property Line and Fence Laws in Texas

Tree Trimming Laws

Texas law also addresses issues involving trees along border lines. While one neighbor may own the tree, frequently roots and branches can naturally encroach on a neighbor's property. Texas law defines who owns any disputed tree, who has the right to trim branches on an encroaching tree, and who is liable for damages caused by and to the tree.

The following chart provides more information about property line and fence laws in Texas.

Tree Trimming

  • Trees forming the actual boundary line between properties can't be removed without the consent of both landowners.
  • A landowner has the right to trim limbs or branches of boundary trees that reach onto his/her property so long as no damage to the other property owner.
  • Branches can be trimmed only up to the property line.
  • A tree's owner is liable for damages caused to an adjacent landowner's property by falling branches.
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