Can I trim my neighbor’s tree that is hanging over my property and roof?

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Can I trim my neighbor’s tree that is hanging over my property and roof?

The limbs extend way over my property and are over my roof; the leaves are constantly clogging my downspouts. I do not want the limbs falling on my roof or possible get termites. What is the law regarding if I can trim the limbs on my side of the property? I do not want to be taking to court over this issue.I have tried to talk repeatedly with my neighbor and he said the only way that he would trim this tree in the back of his house is if I would let him plant a couple of trees on our property in the front yard so it would shade his house. I was astounded and my son tells me that this sounds like black mail.

Asked on April 4, 2012 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speakin, yes, you can indeed trim off any of the branches that are hanging over your side of the property line so long as you do not do any damage to the tree  that might cause it to die.  I would have a professional trim the tree.  You do not need to give notice of the trimming on your side.  I would also check local ordinances.  The tree trimmer may know them but don't rely on that.  Good luck.


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