You love your home, your yard… but then there’s that tree. Your neighbor’s tree. Its branches are throwing shade where you want sun, its leaves are clogging your gutters, or worse, its roots are cracking your driveway. Is there anything you can do?

You’re not alone in this frustration. Plenty of Texans have been in your shoes. The good news is that Texas law offers some ways to handle this.

If your neighbor’s tree is causing you grief, we can help you figure out what to do next. At Pathways Property Lawyers, our Houston real estate attorneys help homeowners deal with property issues fast. We can get the answers you need, so you can protect your home and yard.

So, Whose Tree Is It, Anyway?

Before we get into what you can do, let’s figure out who’s responsible for the tree. Generally, a tree belongs to the person on whose land the trunk stands. So, even if half the branches hang over your yard, if that trunk is squarely on your neighbor’s property, it’s their tree. This is a pretty straightforward starting point for most tree troubles.

Now, things can get a little murkier with trees growing right on the property line. In Texas, these are often called “boundary trees” or “line trees.” If the trunk is on both your property and your neighbor’s, then you both own the tree. This means you’d typically share responsibility for its care and any decisions about its future. If you’re unsure where your property line is, it might be a good idea to get a survey done. Knowing exactly where that line falls can save a lot of guessing later on.

The “Self-Help” Rule: Taking Matters into Your Own Hands

Okay, so it’s your neighbor’s tree, and those branches are just getting too friendly with your roof. Texas law generally follows what’s called the “self-help” rule. This means you have the right to trim tree branches and roots that encroach onto your property. You can trim them back to the property line.

Sounds simple, right? Well, there are a couple of important things to keep in mind here.

First, you can only trim up to the property line. You can’t go onto your neighbor’s property to do the trimming unless you have their permission. That’s trespassing, and nobody wants that kind of trouble.

Second, while you have the right to trim, you also have a responsibility not to kill or seriously harm the tree in the process. If your trimming is so aggressive that it damages the overall health of the tree, your neighbor might have a claim against you for the damage to their property. So, if you’re not comfortable doing it yourself or if it’s a big job, it’s probably wise to hire a professional arborist. They’ll know how to trim the tree safely and correctly.

Think of it like this: you can give the tree a haircut where it crosses into your yard, but you can’t give it a haircut that’s going to make it sick.

What if the Tree is Causing Real Damage?

Sometimes, a few stray branches are the least of your worries. What if those encroaching roots are cracking your foundation, sidewalk, or damaging your plumbing? Or what if the tree itself is dead or diseased and looks like it could come crashing down any minute?

This is where things can get a bit more involved than just a simple trim. If your neighbor’s tree is causing actual, significant damage to your property or if it poses an unreasonable risk of harm, Texas law might consider it a “nuisance.”

If a tree is a nuisance, you might be able to take legal action to have your neighbor address the problem. This could mean forcing them to trim the tree, remove the tree (if it’s dangerous), or pay for the damages it has caused.

However, just because a tree drops leaves in your pool or blocks your view doesn’t automatically make it a legal nuisance in the eyes of the law. The damage or risk usually needs to be more substantial. For instance, falling branches that damage your roof or invasive roots that buckle your walkway are more likely to be seen as a nuisance.

Talking It Out: The First and Best Step

Before you start looking up arborists or lawyers, the best first step is usually the simplest: talk to your neighbor. If you and your neighbor are on good terms, a friendly conversation can often solve the problem before it grows into a bigger dispute.

Maybe your neighbor doesn’t even realize their tree is causing you problems. They might be perfectly willing to trim it or take care of a concerning issue once they understand the situation. Approach the conversation calmly and explain your concerns clearly. Try to focus on finding a solution that works for both of you. Perhaps you can even offer to split the cost of an arborist if the tree benefits both properties.

What If Talking Doesn’t Work?

If your neighbor isn’t willing to work with you, you might want to consider your legal options more formally.

If the tree is causing significant damage or poses a clear danger, and your neighbor still refuses to act, you might need to consult with a Houston real estate attorney to understand your rights and the best way to proceed. Sometimes, a letter from a lawyer is enough to get someone’s attention. In other cases, you might need to consider mediation or even filing a lawsuit to get the nuisance abated or to recover compensation for damages.

Remember, the law is there to help sort these things out and you have options.

Contact Our Houston Real Estate Law Firm

Knowing your rights under Texas law is the first step to finding a solution to property issues. We’re here to help you navigate these situations and protect your property.

Call Pathways Property Lawyers at 832-364-6234 or fill out our confidential contact form to learn more about your legal options.

Thomas H. Smith III

Thomas H. Smith III was born and raised in Arlington, Texas. He graduated from Texas A&M University in 2002 with a degree in Chemistry and a minor in Mathematics. He then attended the University of Houston Law Center where he served as an Articles Editor for the Houston Journal of International Law.

Tom began working at Roger G. Jain & Associates as a clerk in February 2004. When he graduated from UH Law Center in 2005, he continued here as an attorney, where he has worked through today. He is a trial lawyer, whose insight, analysis, and attention to detail have helped the firm obtain its favorable results. Read more here.