Who pays, and who decides
Texas tree law: liability, neighbours and overhanging branches
The questions I get asked on jobs more than any others, answered straight — with where the law actually comes from, and where the line sits.
If a healthy tree falls in a storm, Texas treats it as an act of God and generally nobody is liable — each side deals with their own damage. If the tree was already dead, diseased or dangerous and the owner knew, that's negligence and they can be on the hook. You may trim branches overhanging your property back to the property line, but you may not enter their land and you may not kill the tree. There is no Texas statute on most of this — it's common law.
This is general information, not legal advice. I'm a tree climber. If real money or a boundary dispute is involved, talk to a Texas property attorney. Sources for everything below are listed at the bottom.
A tree fell and hit something. Who pays?
The whole thing turns on one question: was the tree already in bad shape, and did the owner know?
A healthy tree that comes down in a storm is an act of God — in the legal phrasing, an occurrence due directly and exclusively to natural causes without human intervention. Nobody caused it, so generally nobody owes for it, and each party handles their own damage.
A tree that was decayed, diseased, dead, or otherwise in a dangerous condition before the storm is a different matter. Owners have a duty to deal with hazardous trees, and failing to do so is negligence. Texas courts have held that where an owner's conduct is a “substantial factor” in causing harm, the act-of-God defence fails — and it doesn't rescue them that they didn't foresee how bad it would get.
Which is the whole reason the deadwood over your house is worth dealing with on a calm Tuesday. It isn't only cheaper than dealing with it afterwards; it's the difference between an act of God and your negligence.
Branches hanging over my property. What am I allowed to do?
Texas follows the self-help rule. You can cut back branches and roots that encroach onto your land. Two limits, and both matter:
- Only to the property line. You can't step onto their land to do it without permission. Doing so is trespass.
- You can't kill the tree. Trim it badly enough to damage or destroy it and you can be sued for the harm. This is the one that catches people: hacking everything back flat to a boundary can absolutely kill a mature tree, and then it's your problem.
If you're taking a meaningful amount off one side of a mature tree, that's worth having done properly rather than with a ladder and a reciprocating saw. Not a sales pitch — a lopsided tree is also a wind-throw risk, and now it's leaning your way.
Can I make my neighbour trim their tree?
If it's healthy, no. Under Texas common law there's no affirmative duty to trim a healthy tree, even where branches extend over your roof or over where you park. That surprises people, and it's settled.
A dangerous tree is different. Where a tree is genuinely hazardous, local government can sometimes act, and the owner's exposure to a negligence claim is real. Which brings us to the part that actually matters.
The part that decides everything: what the owner knew
The negligence standard turns on whether the owner knew or should have known the tree was dangerous. That's a question of evidence, and evidence is created before the failure, not after.
If a neighbour's tree worries you, put it in writing and keep a copy. A note or an email establishes knowledge in a way a conversation over the fence never will. If it's your own tree and you've been told it's a hazard, that cuts the other way — you now know, and doing nothing is the expensive option.
A dated written assessment from a qualified arborist is the strongest version of this. There's an ISA Certified Arborist on my crew, and that's the kind of thing worth having on paper before anything happens rather than after.
Insurance, briefly
Most homeowner policies cover damage from a fallen tree to an insured structure, and commonly do so even when the tree came from next door. What they typically don't cover is hauling away a tree that fell in your yard and hit nothing.
In practice most people claim on their own policy rather than pursue a neighbour, because it's faster and it doesn't wreck the relationship with the person living thirty feet away. Photograph everything before any cleanup starts. Images taken before the mess is moved are what make a claim straightforward.
What to do in the first hour after a tree comes down.
Trees on the boundary line
Where a trunk straddles the line, ownership is generally shared, and neither owner can simply take it down. This is the situation most likely to end badly and least suited to advice from a website. Get a property attorney before anyone starts a saw.
Where this comes from
There is no Texas statute covering most tree liability. It's common law — built from court decisions — which is why the answers here are principles rather than bright lines, and why the facts of your specific situation matter so much.
- Texas Law Help — Disaster Manual, Section 3: Falling Trees, Flying Limbs (a project of the Texas Legal Services Center) for the act-of-God rule, the negligence exception, and trimming.
- State Law Library of Texas — neighbouring trees FAQ for the self-help rule.
- The “substantial factor” reasoning is from Gannett Outdoor Co. of Texas v. Kubeczka, as cited by Texas Law Help.
Rules and interpretations change. This was written 2026 and I'm not a lawyer.
Questions I get asked
My neighbor's tree fell on my house. Who pays in Texas?
It turns on whether the tree was healthy. If a healthy tree comes down in a storm, Texas treats that as an act of God — an occurrence due directly and exclusively to natural causes without human intervention — and generally each party bears their own damage. If the tree was already decayed, diseased, dead or otherwise dangerous before the storm, and the owner knew or should have known, that's negligence and they can be liable. In practice most people claim on their own homeowner's policy either way, because it's faster than pursuing a neighbour.
Can I trim my neighbor's tree branches that hang over my property in Texas?
Generally yes, up to the property line. Texas follows the common-law self-help rule: you may cut back branches and roots that encroach on your land. Two hard limits. You cannot go onto their property to do it without permission, and you cannot kill or seriously damage the tree — if you do, you can be sued for the harm. Improper cuts that kill a mature tree are exactly how a small dispute becomes an expensive one.
Can I make my neighbor trim their tree?
Not if it's healthy. Under Texas common law a property owner has no affirmative duty to trim a healthy tree, even where the branches extend over your roof or your parked car. That changes if the tree is dangerous — a decayed or dead tree is a different situation, and local government can sometimes issue a notice about a hazardous tree.
Does homeowners insurance cover a tree falling on my house in Texas?
Most policies cover damage from a fallen tree to an insured structure, and commonly do so even when the tree came from a neighbouring property. What they typically don't cover is removing a tree that simply fell in your yard without hitting anything. Coverage varies, so call your insurer — and photograph everything before any cleanup starts, because images taken before the mess is moved are what make a claim simple.
How do I prove a tree was dangerous before it fell?
Documentation, created before the failure rather than after. A written assessment from a qualified arborist describing the condition, dated, is the strongest form. If it's a neighbour's tree that worries you, putting your concern in writing to them — and keeping a copy — matters, because the negligence standard turns on what the owner knew or should have known. A conversation over the fence leaves no record.
Is there a Texas law about trees on property lines?
There's no statute covering most of this. Texas tree liability is common law, built from court decisions rather than legislation, which is why the answers are principles rather than bright lines. Where a tree straddles a boundary, ownership is generally shared and neither owner can remove it unilaterally — that's the situation most worth getting proper legal advice on before touching anything.
Worried about a tree — yours or next door's?
Text me a photo. If it needs documenting in writing, I’ll tell you that too.
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