Legal Question in Civil Litigation in Texas

Property damage

I have a couple of trees along the back fence of my property that has a few branches that hang over onto the other side of the fence and over the neighbors storage sheds. Recently some small dry limbs have fallen onto the roof of one of the sheds. The neighbor has requested that I trim all limbs and branches that hang over the property line.

My question is am I obligated to trim off all limbs that hang over the fence, and am I liable if said limbs should fall onto her property?


Asked on 4/18/04, 4:04 pm

1 Answer from Attorneys
Charles White Charles G. White

Re: Property damage

If you neglect your trees and they fall on to his property and cause damage, you may be liable for the damage caused by your trees. The real question is whether you prefer that he trim the trees hanging over on to his property or whether you trim them. Under this scenario, it is my unscientific opinion that most tree owners feel that their tree will received more TLC if they do their own trimming.

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Answered on 4/18/04, 5:49 pm


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