Legal Question in Real Estate Law in Texas

I have a tree in my yard growing next to a chain link fence that divides my property from my neighbor's. My tree's branches have grown extending over the fence into my neighbor's yard. He has asked me to either cut my tree down or trim back the branches because he is concerned that a major storm one day will cause the tree or its branches to damage a storage building he has near the fence. I told him several times that it was ok for him to trim the branches back that is over the fence but that I would not be cutting the tree down.

Was I correct in advising him this way? Would I be held liable if a storm did actually cause any part of my tree to damage his property?

Thank you so much fo ryour answer.


Asked on 11/12/10, 7:01 am

1 Answer from Attorneys
Roger Merrill Merrill & Associates

If your tree rots or a branch on it rots and falls on the shed, then you would be responsible for failing to cut it down or prune it. As long as it is healthy, it should not be a risk. Of course, lightning or forceful winds could always cause a healthy tree to break, but that by itself would not be your fault.

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Answered on 11/18/10, 3:07 pm


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