If your neighbor’s tree encroaches on the property you are renting, do you have the legal right to trim the branches?
According to Texas law, overhanging branches may be removed up to the property line; however, that doesn’t mean you should immediately get your saw.
First, speak with your landlord. The landlord may attempt to negotiate an agreement with the neighbor regarding tree trimming, or such an agreement may already exist. Next, check your lease to see whether the landlord or the tenant has the responsibility for maintaining the yard, which includes tree trimming. Last, visit the Texas State Law Library to learn more about local codes and ordinances. If the tree is damaged or a local ordinance is violated, you could be liable for damages or fines.
What if the encroaching tree is damaging your trees due to lack of sunlight? You offered to hire a company to trim the tree back but the neighbor refuses you.
If the tree hangs over your property, you probably dont need the neighbors permission to cut back the part of the tree that is on your air space.
If the branch coming into your property is large and needs to be cut closer to the trunk of the tree (neighbor’s property), then you would need to get approval from that neighbor. In addition, you need to enter their property to do it and it may affect the overall health of the tree. In my opinion, best to get a neighbor’s approval to help mitigate those legal headaches.