Trees

Neighbors & Trees

Trees that cross boundary lines between neighbors can cause a lot of confusion as to who owns the tree and whose responsibility it is to maintain. Below you will find references to areas of Texas law related to trees. If you find these statutes difficult to understand, please see the Understanding the Law resources below for a "plain English" explanation of these laws.

Texas Law

Section 212.905 of the Texas Local Government Code
State law that governs tree removal by placing restrictions on how municipalities can regulate tree removal in their jurisdiction.
Section 240.909 of the Texas Local Government Code
State law giving authority to certain county commissioners courts to prohibit or restrict clear-cutting of live oak trees in unincorporated parts of the county.

Trees are often regulated by Texas municipalities. Be sure to also check your local code of ordinances for additional laws on trees. See our Municipal Laws and Ordinances page for assistance locating your local laws.

Understanding the Law

Tree Disputes with Neighbors
This FAQ page from self-help legal publisher Nolo discusses common questions about handling neighbor disputes about trees, including "Can I trim the branches of the neighbor's tree that hang over my yard?"
Tree Care Kit
A guide from the Texas A&M Agri-Life Extension discussing a tree owner's rights and responsibilities.
Neighbors and Fruit Trees
This page from self-help legal publisher Nolo discusses who has the right to pick fruit from a tree in someone's yard.
Encroachments: Unwelcome Invaders
A 2008 article from Texas A&M Agri-Life Extension which briefly discusses the issues a landowner may face with a neighbor's encroaching tree branches, roots or grass.
My Tree Fell on Neighbor's Garage: Who Pays?
This FAQ page from self-help legal publisher Nolo discusses how to determine who owns a tree.
My neighbor’s tree fell into my yard during the disaster. It smashed my fence and took out my landscaping. Can I make my neighbor pay for the fence repairs and landscaping?
The State Bar of Texas created this guide to legal questions from those affected by disasters. Chapter 3 is about trees and fences and addresses damaged fences in Question 3-1.

E-Books at the State Law Library

You can borrow the e-books below with your library account. Don't have a library account? Texas residents can register for a library account online! Learn more about how to register online .

Neighbor law : fences, trees, boundaries & noise [electronic resource]
This e-book provides information about your legal rights and responsibilities as a neighbor.
Everybody's guide to small claims court [electronic resource]
"This book from Nolo is updated to include the latest procedures for small claims courts in every state. It shows readers how to write a demand letter, file and serve papers, prepare and present a case, prepare evidence, and mediate an out-of-court settlement.
Know your rights! : answers to Texans' everyday legal questions [electronic resource]
Practical, easy-to-understand answers to questions about common legal issues. Chapter 15 of this book discusses neighborly problems.

Texas State
Law Library

Neighbor Law

Trees

Neighbors & Trees

Texas Law

Understanding the Law

E-Books at the State Law Library