Legal Question in Real Estate Law in Texas

Property encroachment

My neighbor's oak tree is encroaching onto almost half of my property. It's branches are now intertwining with my tree, shading it out and killing it. The dense shade has killed the grass and I'm having soil erosion problems. The acorns that are dropped by this tree sprout and I have to dig them up. Neighbor refused to allow me to trim or remove tree at my cost as it is planted so close to the property line, I would have to remove half of it to get it off my property which would probably kill it.

Do I have any recourse as I would like to enjoy my property, trees and living grass?


Asked on 6/16/09, 8:30 am

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Property encroachment

You want to get rid of a big, beautiful oak tree? I would plant ground cover and/or pour a patio - enjoy the shade! With that said, you can trim up and thin branches on your side of the property line.

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Answered on 6/16/09, 8:55 am


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