Neighbor Tree Laws in Texas: Branches, Dead Trees and Who Pays

Texas lets you cut a neighbor's overhanging limbs back to the property line, as long as the tree survives; you can't require the neighbor to do it.

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This page summarizes what the Texas State Law Library and Texas Law Help (a statewide legal-aid site) say. It's general information, not legal advice. If a dispute turns on money or a property line, talk to a lawyer.

Quick answers

Situation	What Texas legal guides say
Whose tree is it?	The trunk's location generally decides, though there are exceptions (State Law Library)
Branches hang into my yard	You may trim them back to the property line (State Law Library, Texas Law Help)
Can I make my neighbor trim them?	No (Texas Law Help)
Their tree looks dead or diseased	Tell the neighbor in writing and keep a copy; the city may order removal if it finds the tree dangerous (Texas Law Help)
They want to cut down trees that shade my yard	They're the neighbor's trees, so generally yes, unless a tree sits on the line (Texas Law Help)
A healthy tree fell in a storm	Usually an "act of God"; each owner's insurance handles its own damage (Texas Law Help, TDI)
A dead or diseased tree fell	The owner may be liable for failing to deal with it (Texas Law Help)

Texas has no single statute on neighbor trees. The State Law Library says these rules come from court cases over the years. City ordinances and HOA rules can add their own requirements.

Trimming your neighbor's overhanging branches

The State Law Library says you have the right to trim limbs to the property line, but you "could be sued" if you injure the tree or other property doing it. Texas Law Help says the same: trim only the part on your side, and don't kill the tree. If the tree dies after your trimming, the neighbor can try to recover damages.

Practical steps for Tyler yards:

1. Talk first. A conversation costs nothing, and the neighbor may agree to share the work.
2. Cut from your side only. Don't step onto their property, or let a crew do so, without permission.
3. Mind the oak calendar. If it's an oak, schedule the cut for July through January and paint it, which is Texas A&M Forest Service's oak wilt advice.
4. Leave the power lines alone. Texas Health and Safety Code Chapter 752 bars anyone from coming within six feet of a high-voltage line without arrangements with the line's operator. See trees near power lines.
5. Bundle the trimmings. The City of Tyler picks up bundled limbs under 50 pounds and under 4 feet at no charge; bigger piles are a paid special collection starting at $20. Full details are in our Tyler brush pickup and tree rules guide.

When the tree next door looks dangerous

Texas Law Help's advice is simple, and it protects you later:

1. Put it in writing. Describe the problem (dead limbs over your roof, a split trunk, a lean toward your house) and ask the neighbor to deal with it.
2. Keep a copy, with photos. If the tree later falls and damages your property, Texas Law Help says you will likely be able to recover damages from the owner.
3. Call the city if nothing happens. Texas Law Help says a city that finds a tree dangerous may issue a notice requiring removal. In Tyler, City Hall is at (903) 531-1100.

You can't take the tree down yourself. Texas Law Help says the owner may be responsible for removing a dead or diseased tree, but you can't take on that job. Our tree warning signs checklist helps you describe what you see.

After a storm: who pays

Start with your own policy. TDI's answer to "my neighbor's tree fell on my house" is that the neighbor's homeowners coverage is unlikely to pay unless the neighbor was at fault, since a neighbor isn't held responsible for acts of nature. For a car, comprehensive coverage on your auto policy is what pays.

Texas Law Help explains when fault comes in. When high winds topple a healthy tree, the law treats it as an act of God, and the owner likely owes nothing. A tree that was "decayed, diseased, dead, or in an otherwise dangerous condition" before the storm is different, because the owner likely had a duty to deal with it. Either way, Texas Law Help says it's often easier to claim on your own policy and let your insurer pursue the neighbor.

For what to do in the first hour, and what emergency removal costs, see storm and emergency tree removal.

Trees right on the property line

Texas Law Help says that if a tree is located on the line, you may have an ownership interest in it, which "likely means your approval is required" before it's removed. The same goes in reverse: talk to your neighbor before you remove a tree that straddles the line. Check your HOA's restrictive covenants too.

If you do agree to remove a shared tree, get the price split in writing. HomeAdvisor puts typical removal at $200 to $2,000 nationally (checked October 2026); the Tyler tree removal cost guide breaks down the add-ons.

Chainsaws after dark

Texas Law Help notes that some cities have noise ordinances limiting loud sounds at certain hours, and that storm cleanup can raise the question. Check with the City of Tyler before you complain or start early.

More help

• Texas State Law Library: its neighbor law guide links the state statutes and plain-English explainers.
• Texas Law Help: the State Bar of Texas disaster manual, Section 3, covers trees, fences and cleanup noise.
• Texas Department of Insurance Help Line: 800-252-3439.

When it's time for the work itself, see tree removal or tree trimming in Tyler, or go back to the Tyler tree service home page.

Common questions

What are my rights if my neighbor's tree hangs over my property in Texas?

You can trim the branches back to the property line. The Texas State Law Library says that right comes from court cases, not a statute, and that you can be sued if you injure the tree or other property while trimming. Texas Law Help adds that you can't make your neighbor do the trimming.

Can I force a neighbor to remove a dead tree?

Not directly. Texas Law Help says to tell your neighbor in writing about the dangerous tree and keep a copy. If the neighbor does nothing and the tree later damages your property, you will likely be able to recover damages. You can also contact the city, which may order removal if it finds the tree dangerous.

In Texas, who pays if my neighbor's tree falls on my house?

Usually your own insurance, if the tree was healthy. The Texas Department of Insurance says your neighbor's policy probably won't pay unless your neighbor was at fault. Texas Law Help says a neighbor may be liable if the tree was dead, diseased or dangerous before the storm.

Who owns a tree on the property line?

The Texas State Law Library says the trunk's location generally decides ownership, with exceptions. Texas Law Help says that if the tree sits on the line, you may share an ownership interest, which likely means your approval is needed before it is removed.

Sources (7)

1. Texas State Law Library: Neighbor law, trees
2. Texas Law Help: Disaster manual, Section 3 (falling trees and limbs; last legal review July 31, 2025)
3. Texas Department of Insurance: does insurance cover fallen tree branches? (January 24, 2026)
4. Texas A&M Forest Service: prevent the spread of oak wilt this spring (2021)
5. City of Tyler: bulky items and special pick-ups (brush rules)
6. Texas Health and Safety Code Ch. 752: high voltage overhead lines
7. HomeAdvisor: tree removal cost (updated June 19, 2026)

Last updated 2026-10-24