Neighbors often get into disputes over who owns a tree, who can trim it, and who is responsible for damage the tree may cause to a roof or structure on an adjacent property. Trees can add value to property and be a source of enjoyment to
the property owner, but they can also be a source of conflict.  Caring for them properly can be expensive, and trimming or
removing a tree without proper authorization can be costly under Austin’s tree ordinances.

The issue of who owns a tree is pretty easy to resolve. If the tree trunk is entirely on a landowner’s property, that
landowner owns the tree. If the tree trunk is on two or more properties owned by different parties, each landowner has
an ownership interest in the tree. Note that ownership of the tree is determined by where the trunk is located and
not by whether the roots or limbs extend onto a neighboring property.

Overhanging tree limbs and roots, which encroach into a neighboring lot, often cause problems between neighbors.
The law seems fairly well settled in Texas, and in most states, that a landowner has no duty to maintain and trim trees which overhang a neighboring property to prevent potential damage to property on the adjacent property. There are exceptions to this rule. In some states, if the tree is defective and in danger of falling, the tree owner may have a duty to trim or remove the tree to prevent damage to a neighbor’s property. It is unclear if Texas recognizes this duty.

An adjacent landowner has the right to remove the overhanging tree limbs. It is clear that, at least with a healthy
tree, if an adjacent landowner does not trim branches of an overhanging tree and those untrimmed branches damage property on the adjacent lot, the adjacent lot owner, not the owner of the tree, is responsible for the damage caused.  However, an adjacent landowner who over-trims a tree and damages the tree or trims limbs which do not overhang his property can be liable for damages to the owner of the tree.

We recommend these procedures before trimming a healthy tree which your neighbor owns.
First, talk to your neighbor to determine if you can agree on a course of action concerning the tree. If you cannot agree
on what should be done, follow these steps.
1. Make sure the tree is not extending into a public utility easement or right of way. If it is, contact the utility
company or city or county government to determine whether they will trim the tree.
2. If your subdivision has an owners’ association, ask if it will intervene in the dispute and help resolve the issue.

3. Review the restrictive covenants for your subdivision to determine if it addresses issues involving overhanging
trees. It is not common to see provisions regarding trees in restrictive covenants, but it is worth checking.
4. If all else fails, engage in self-help and trim the tree limbs or roots back to your property line to prevent
damage to your property. However, if your property is in the City of Austin, before taking this action, you should
determine whether you need permission from the City to trim the tree.

Austin has a heritage tree ordinance, which requires an administrative variance from the director of the Planning
and Development Review Department prior to removal or substantial trimming of the tree limbs or branches. The ordinance affects the trimming or removal of all Texas Ash, Bald Cypress, American Elm, Cedar Elm, Texas Madrone,
Bigtooth Maple, Pecan, Walnut, and Oak Trees which are larger than 24 inches in diameter measured four and a half feet from the ground. If the tree is larger than 30 inches, a land use commission public hearing is required before the approval to remove variance is granted.

Before you engage in self-help in trimming the tree, you might consider an inspection by an arborist to certify that
the intended trimming will not damage the tree. Make sure you hire professional help in trimming the tree and do not
trespass on your neighbor’s property when trimming. Finally, take pictures before and after trimming to fully document
what you did.

Unfortunately, the cost of trimming a healthy overhanging tree is the responsibility of the adjacent landowner, not the
tree owner.

If a tree is unhealthy and in danger of falling and damaging property, the tree owner is well advised to be proactive
by trimming or removing the tree. Any damage caused on adjacent property by an unhealthy tree, is likely to result in
liability or, at a minimum, the cost of defending a lawsuit brought by a neighbor who was damaged by the tree.

Source: Austin REALTOR® Online Edition