Can Neighboring Tree Limbs be Cut Back That Hang Over a Boundary Line?
Assume that a tree grows on a neighbor’s property, but the limbs and branches hang over the boundary on to someone else’s property. What rights do both parties have in this situation? In Texas, the location of the trunk of the tree determines who owns it, even if the roots or branches grow onto an adjoining neighbor’s land. A landowner has the right to trim or cut off the limbs or branches of boundary trees or shrubbery that reach onto his or her property, as long as no damage to the other adjoining landowner occurs. However, the limbs or branches can be cut back only to the property line. The tree’s owner is responsible for any damages caused to the adjacent owner from falling branches or roots. It is in the best interest of the tree’s owner to control the growth of the tree so it does not create a source of potential damage to the neighboring landowner.
***This post is not a substitute for the advice of an attorney.***