The state of Texas has many ranches and farms on which most people have planted trees. Unfortunately, the state also witnesses a lot of disagreements regarding property lines and trees. Are you aware of your rights and responsibilities when you have a tree on a property line in Texas? This article will help you understand laws regarding property lines and trees to help reduce disputes among neighbors.
Who Owns the Tree?
How do I know if I own a tree? If you or the previous property owner planted the tree and the main trunk sits within your property, the tree is yours. And if a tree grows naturally on your land, it becomes your responsibility.
How About Trees Located on the Boundary Line?
A boundary tree is one located on the boundary line. That means both property owners own the tree. As long as your land contains any part of the tree trunk, you have an interest in that tree. However, a tree located on one party’s property can still be considered a boundary tree if the adjoining property owner has treated it as common property by course of conduct or express agreement. Neither owner has the right to remove the tree without the consent of the other property owner.
Tree Trimming Laws
So, how do I handle a tree on a property line? Texas has laws regarding trees on property lines. Even if one party owns the tree, it may occasionally encroach on the other person’s property via the branches or roots. Here is what you need to know:
- For a tree on a property line, one property owner cannot remove it without consulting with the other neighbor.
- A property owner has the right to trim branches or limbs of a boundary tree if it has reached their property. They should, however, be careful not to damage the other person’s property.
- One neighbor is only allowed to trim the limbs and branches up to their property lines.
- A tree owner is liable for any damage caused by falling branches on the other neighbors’ property.
In urban areas, tree owners are responsible for inspecting trees on their premises and ensuring they are removed if hazardous. In rural areas, no such law exists. But if a homeowner is aware or should have known that a hazardous tree exists, they will be held liable for any damage it causes.
On the other hand, a tree owner is not liable for any damage their tree causes to another person’s property because of storms, lightning, or floods. That is because there is nothing much they could have done to prevent the damage from happening.
A land survey is the best way to ensure you know your rights and responsibilities regarding a tree on a property line. D.G. Smyth & Co., Inc. is a land surveying company with well-trained and licensed staff. Let us survey your property to protect you from disputes with neighbors. Talk to one of our friendly project managers and schedule your session with us.