Neighbor's Tree Hanging Over Your Yard in Texas? What You Can (and Can't) Do

Big limbs from the neighbor's live oak over your roof. Leaves in your pool every week. Roots lifting your fence. Overhanging trees are one of the most common causes of neighbor friction in Leander and Cedar Park, where lots are close together and trees grow fast.

This is a general overview, not legal advice. If there's a real dispute or real money involved, talk to a Texas attorney.

The general rule in Texas

In Texas, a property owner is generally allowed to trim branches and roots that cross onto their property, up to the property line, at their own expense, as long as they don't damage or kill the tree.

That means:

• You can usually trim limbs hanging over your side of the line.
• You generally pay for trimming on your side.
• You can't go onto the neighbor's property to trim without permission.
• You can't cut so much that you kill or seriously damage the tree. Removing a huge portion of the canopy, or cutting major roots close to the trunk, can make you liable.

What about the tree trunk on the property line?

A tree whose trunk sits on the line is generally shared by both owners. Don't remove it without the neighbor's agreement, ideally in writing.

If the neighbor's tree is dead or dangerous

If a neighbor's tree is clearly dead or dying and threatening your house:

1. Tell the neighbor in writing, politely, with photos. Keep a copy.
2. Suggest getting a quote together. Many neighbors are happy to deal with it once they know.
3. If it falls, you usually file with your own homeowners insurance first. A documented warning about a dead tree can matter if your insurer later seeks to recover from the neighbor. See tree fell on my house: who pays?

Leaves, nuts and acorns

Natural debris, like leaves, pecans, acorns and pollen, is generally considered a normal part of living near trees. It's usually not something you can make a neighbor pay to clean up.

Roots

Roots crossing the line can generally be cut on your side, but cutting major structural roots close to the trunk can destabilize the tree and cause it to fall, possibly onto your house. Have a professional look before cutting large roots. See tree roots and foundation damage.

Don't forget the oak wilt rules

If the overhanging tree is an oak, trimming between February and June can expose it, and your own oaks, to oak wilt. Trim oaks July through January, and paint every cut. See when to trim oak trees.

How to handle it without a fight

• Talk first. Most neighbors will agree to trimming, especially if you offer to cover your side.
• Split the cost. Trimming the whole tree at once is often cheaper, and better for the tree, than trimming one side.
• Use one company. One crew can trim both sides evenly in a single visit, so the tree doesn't end up lopsided.
• Check your HOA. Some have rules on heavy pruning. See HOA tree rules.

Frequently asked questions

Can I cut my neighbor's tree branches in Texas? Generally, yes, up to the property line and at your own expense, as long as you don't damage or kill the tree or go onto their property.

Who pays to trim a neighbor's tree that hangs over my yard? Usually the person who wants the trimming pays for the part on their side. Many neighbors split the cost to trim the whole tree evenly.

What if my neighbor's dead tree falls on my house? You typically file with your own insurance. If you warned the neighbor in writing that the tree was dead, that can matter for your insurer.

Can I cut tree roots from my neighbor's tree? Roots on your side can generally be cut, but large roots near the trunk can destabilize the tree. Get a professional opinion first.

Get a quote for overhanging limbs

Use the form below with photos of the limbs and your roofline. If your neighbor wants to share the work, we can quote both sides in one visit. More on our tree service.