Open 7am–9pm, 7 days · Serving Huntsville & Walker County(936) 755-5174
Walker County Tree Co.Huntsville · Walker County, TX (936) 755-5174Free estimates · 7am–9pm, 7 days

Neighbor Trees in Texas: Who Pays, Who Trims, Who's Liable

The plain-English version of Texas tree law — fences, overhangs, and the dead-pine exception.

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Serving Huntsville, New Waverly, Willis, Trinity, Madisonville, Riverside & the Lake Livingston side.

The three rules that settle most disputes: (1) If a healthy tree falls in a storm, each owner's insurance handles damage on their own side — storms are "acts of God" and nobody is at fault. (2) You may trim branches that cross your property line, at your own cost, up to the line — but not in a way that kills the tree. (3) The exception that changes everything: a visibly dead or dying tree the owner ignored can make that owner liable when it falls.

The neighbor's tree fell on my fence — who pays?

Your fence, your insurance claim — even though it was their tree. That feels backwards, but it's how Texas (and most states) treat storm-felled healthy trees. Your insurer may pursue theirs if negligence applies. Practical move: photograph the fallen tree including the trunk condition before cleanup, so rot or beetle-kill is documented.

The dead-pine exception (very Walker County)

East Texas is full of standing beetle-killed pines from the freeze-and-drought years. If your neighbor's pine is obviously dead and leaning your way, put your concern in writing (text works, certified letter is better) — that paper trail is what turns "act of God" into their liability if it falls. And if it's your dead pine: a removal costs less than your deductible plus the argument.

Can I trim what hangs over my side?

Yes — Texas common law lets you cut back to the property line at your cost. Two cautions: you can't enter their property without permission, and butchering an oak (or cutting it in the Feb–June oak wilt window) in a way that kills it can make you liable for the tree's value. Clean, correctly-timed line trims are exactly the kind of job worth not doing off a ladder yourself.

Whose tree is it when the trunk straddles the line?

Shared property. Neither owner may remove it without the other's consent. Get agreements in writing — a one-paragraph text thread has settled more fence-line trees than any lawyer.

Need a line-trim done clean, or documentation photos of a hazard tree next door? (936) 755-5174 — we do both regularly, and the estimate is free.

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(936) 755-5174Free estimates · 7am–9pm, 7 days

Areas we serve

Based in Huntsville, working the whole Walker County area — I-45 from Willis up to Madisonville and the Lake Livingston side out to Riverside, Point Blank, and Onalaska.

Call (936) 755-5174Free estimate · Open 7am–9pm, 7 days