Neighbor's Tree Hanging Over Your Yard? What Texas Law Says

Can I Trim Branches That Hang Over My Property?

Generally, yes. In Texas you may trim branches and roots from a neighbor's tree that extend onto your property, up to the property line, at your own expense. You don't need the neighbor's permission to trim what's on your side.

There are limits. You can't go onto the neighbor's property to do the work without permission, and you can't cut so much that you kill or seriously damage the tree. If your trimming destroys a healthy tree, you could be liable to the owner for its value — and removing a large structural limb, or roots close to the trunk, can do exactly that.

Should I Ask First?

Legally, not for trimming on your side. Practically, yes. A conversation before the crew shows up avoids surprises, and the neighbor may agree to share the cost or allow access to their yard for better cuts. Good pruning cuts are made at a branch collar or a lateral branch, which isn't always right at the property line; with permission, a crew can make the cut that's healthier for the tree.

On oaks, timing matters too. A fresh cut on a live oak between February and July can invite oak wilt, which spreads through connected roots — including to your own trees.

Who Pays If the Neighbor's Tree Falls on My House?

It depends on the tree's condition. When a healthy tree falls because of a storm or another natural event, Texas generally treats it as an act of God: each owner typically files with their own insurance for damage to their own property, and the tree's owner usually isn't liable.

The picture changes if the tree was dead, diseased, or obviously damaged and the owner knew or reasonably should have known it was a hazard. Then the owner may be found negligent and responsible for the damage. That's why documentation matters.

What to Do About a Neighbor's Dead or Dangerous Tree

If a tree next door looks like it's failing, these steps protect you:

• Talk first: Many owners don't realize a tree is dead or failing, especially when the damage is mostly visible from your side.
• Put it in writing: If talking doesn't help, a polite, dated letter or email describing the concern shows the owner was notified.
• Get a professional opinion: A written assessment from a tree professional documents the hazard objectively.
• Check HOA rules: Many San Antonio subdivisions have deed restrictions or HOA rules about tree maintenance.
• Know when to get legal help: If a hazardous tree is ignored and threatens your home, talk with an attorney about your options.

Roots, Fences, and Falling Leaves

The same general principle applies to roots: you can typically cut roots that cross onto your property. But cutting large roots near the trunk can destabilize the tree and make it more likely to fall — onto your house. Talk with an arborist before cutting roots more than a few inches in diameter.

Falling leaves, acorns, and pollen are generally treated as a natural nuisance in Texas, not grounds for a claim.

Trees That Straddle the Line

A tree whose trunk straddles the property line is usually considered owned by both neighbors, and neither should remove it without the other's agreement. Shared trees are good candidates for a shared maintenance plan, with the cost split and the work done to the same standard on both sides.