Handling Disputes Between Neighbors

Trees add shade, beauty, and even songbirds to your property making them a valuable part of any home landscape. However, if not properly maintained, they can also become a source of conflict between neighbors. Falling leaves, overhanging branches, or root intrusion can lead to frustration, especially in situations where neighborly relations are already strained. Tree-related issues can escalate quickly, so it's essential to understand your rights and responsibilities before taking any action. Knowing what is legally allowed when dealing with overhanging limbs or nuisance trees can help you address the situation respectfully and avoid turning a small problem into a larger dispute.

Here's what homeowners should know to resolve these issues respectfully and legally.

Who’s Responsible?

Under Texas law, property owners generally have the right to trim branches and roots that encroach onto their land—as long as it does not damage the health of the tree. However, homeowners are not permitted to enter a neighbor’s property to perform trimming without permission.

Best Practices for Resolution

• Talk First: Before grabbing pruning shears, have a polite conversation with your neighbor. They may be unaware of the issue, and a simple discussion can prevent misunderstandings.
• Document the Concern: Take photos and keep notes of overgrowth, damage, or obstruction caused by the tree. This will be helpful if the issue escalates.
• Avoid Retaliation: Texas courts have ruled against neighbors who aggressively cut or poison trees—these actions can lead to legal liability and damages.
• If you and your neighbor cannot come to an agreement, you may want to talk to a lawyer before taking further action. For information on finding an attorney, please see the library's Legal Help page.

When Damage Occurs

If falling branches or invasive roots cause damage to your property (such as foundation issues, fence damage, or cracked pavement), you may have grounds to request compensation but only if you can prove negligence. Texas law does not automatically hold the tree owner liable for natural occurrences unless there was a known hazard they failed to address.

What the HOA Can (and Can’t) Do

Homeowners Associations do not mediate personal property disputes. Shared fences between two homes are not maintained by the HOA. Homeowners are encouraged to coordinate directly with their neighbors to manage maintenance or repairs. However if a homeowner has an overgrown tree encroaching on areas like the exterior walls or roof and those areas fall under the HOA’s maintenance responsibility—the HOA may issue a violation notice or perform the necessary trimming and charge the cost back to the homeowner.

If a conflict escalates beyond neighborly discussion, it may be appropriate to consult legal counsel or pursue mediation services.

Don’t let tree trouble turn into a legal storm—open communication and early action are key.