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Property line has trees that the neighbor does not want me to cut.

4 years ago

So we bought a lot in Houston Texas, turns out that the tree's dividing the properties are right on both our property lines and the other owner does not want me to cut the tree's down to put my fence. What would you do?


law says if we cant agree on what to do with the trees neither of us can cut these trees down, the trees belong to us both. Were allowed to trim anything on our side.


So we wanted a concrete or cmu block wall around the property, or last resort maybe do a metal fence with metal posts. I just don't know what to do about these trees, what can I build next to the trees? the roots would be a problem right? what's the best option for this problem?

Comments (27)

  • 4 years ago
    last modified: 4 years ago

    Are you kidding? You're in Houston and you want to exchange trees for concrete or metal; like there isn't enough of that there already! Put the eyesore of a fence on your own property and formally deed the trees to the neighbor. You'll both be happy!

  • 4 years ago

    Trees are valuable. Neighbor was forced to pay over 10k for a fir he cut on his neighbors property to "improve his view." Now the neighbor is salty and has planted all kinds of stuff so that in a couple years he wont have any view at all.


    Tree law is a thing and its pretty wild.

  • 4 years ago
    last modified: 4 years ago

    seriously, work with the trees. don't cut them down for a fence. they add value to your property, as well as much needed shade.

    I could see how you might need a cinder block wall for some specific reason, but your alternative is... metal? why? a wood fence can be installed somewhat near the trees and look a million times more beautiful.

  • 4 years ago
    last modified: 4 years ago

    I would not have bought a property with trees on the property line. Where I live, I would cut them down and put up the fence. But since you can't do that, fence around the tree. WOOD. Not concrete or metal. You can also go to the middle of the tree, something like this...









  • 4 years ago
    last modified: 4 years ago

    Not a pro. Just thoughts:

    What kind of trees are they and how large is the trunk?

    How many trees are there and are they in a row?

    Is the fence at least in part to define you property line

    Check with a landscaping pro and see if you can drill a hole -- or two -- through each tree -- and how large a hole you could bore without killing the tree.

    If it is your tree, too, would you be able to cut the lower limbs on your side of the trees up to the height you want to build a fence and then run a pipe through the tree and run a cable along the top and near the bottom of your fence built between the trees and run that cable through that pipe without killing the tree?


    A horizontal board fence could have board extending beyond post nearest the tree. The cables would be to stabilize and strengthen the fencing and give you something to connect a vertical cable that could be secured to the boards extending beyond that nearest post.

  • 4 years ago

    Is there a reason why you need a fence? If just for a sense of privacy, you could interplant between the trees - on your side of the property line - with a selection of suitable shrubs.

    Otherwise, I am not sure what the all aversion to a metal fence is all about. Metal or iron fencing can be extremely attractive in the right setting with the right property, is visually less obtrusive than other fencing materials and has the least impact on tree roots than most other fence installations.

  • 4 years ago

    If you end up deciding to plant shrubs between the trees, choose something that thrives in your area, keeps its leaves year round and, possibly, has sharp points on it to discourage people walking through your green fence -- perhaps holly bushes, for example.

  • 4 years ago

    There are trees on the property line and you want to put up a CMU block wall around the property. That is all we know. Everything else about the actual site, the size of the lot and the trees themselves is unknown. That is not enough information to offer any "best option for this problem".

    CMU block walls speak of tiny 20' deep California back yards. I can imagine Houston getting to lots that small - its certainly not a southern suburban thing - but we don't know if that is the situation here.

    If you want the neighbor's consent you are going to have to offer a legitimate and rational case for why your wall is a better choice and a win win for both of you. So far there is not enough information to back up your want.

  • 4 years ago

    Is it for privacy or pets / kids?

  • 4 years ago

    Cut them, then apologize.

  • 4 years ago

    I've been to Houston. I'd want a wall too. :) Just kidding!


    I grew up in the suburbs of southern CA with big yards and wonderful concrete walls. They look great with MCM architecture. (We fence/wall our yards out here.)


    So you can't build your wall due to trees. Build a fence instead. The type depends on why you want it. Try to take the neighbor's opinion into account when designing it so you get along into the future.

  • 4 years ago

    “Wonderful concrete walls? “. Eeek! My California home had those and it looked like a prison. My Texas home had a lovely wooden fence and 48 trees when we bought it. Paid extra for a treed lot. Keep the tree!

  • 4 years ago

    "Cut them, then apologize."


    Why start off on a negative footing with your neighbors? Try to find a better solution.

  • 4 years ago

    Cut them, then apologize.

    And then prepare to pay a hefty monetary penalty to your neighbor after he sues you for cutting down the trees. And he will sue you and he will win. And you will probably also be ordered to pay your neighbor’s attorney’s fees.

  • 4 years ago
    last modified: 4 years ago

    Interesting conversation. I think it is helpful that you know the local law and I would not take any legal advice from someone not in your jurisdiction.

    People are passionate about their trees. I remember after a hurricane how an older German man couldn't understand Americans irrational attitude about trees.

    Trees are not equal. I have a large pine on a neighbor's border and we wish we could take it down. We wish that we stripped our side while we had tree guys at the lot.

    I find the your law interesting (and it is probably my law but I honestly don't know). I know that we can remove branches overhanging our property. I wonder how many trees would survive a 50% root disturbance and a 50% branch removal? And then who pays for the removal - presumably you would pay for your branch removal and then 50% of the dead tree removal. But what if the neighbor doesn't want to remove the dead tree?

    People talk of shade but not all shade is created equal - my tree in question is a pine on the North lot line - not particularly helpful.

    What about damage risk? - my tree in question looms over my son's room.

    Lot size is a big unknown. Fence could be for pool - perhaps jurisdiction doesn't allow the cute melding with trees. Maybe pulling the fence forward gets into a setback issue. Too many variables to give advice on in this situation.

    Heck - maybe HOA doesn't allow wood fences.

  • 4 years ago

    When we had our fence moved (previous owner got it all wrong) there were several trees that, after checking our survey, the fencing contractor said could "go either way." Meaning that we could put the fence on either side and it would still be on our property.


    We opted to run the fence on our side of the trees. We lost at most three feet, but our property is large enough that three feet didn't matter too much to me. We wanted to be able to walk on the other side for maintenance like weeding the fence line, etc.


    If in doubt I'd err on putting it well inside the line rather than right on it. Unless those three feet are crucial to any plans you may have I think that may be the way to go here- there's no reason a fence has to be right on the property line.


    Our fence on the other side is a good six feet inside our property line and it causes no issues at all. The neighbor on that side is well aware that those six feet are ours and should a for sale sign ever go up in her yard the first thing I will do is refresh the paint on the markers and think about having that side moved as well.

  • 4 years ago

    Have you considered that putting a concrete fence is the same as building a concrete wall or a dam? You might want to consider how your yard drains. You could be setting yourself up for a heck of a back up of water.

    Having a divider like that in an area that is prone to flooding rains and storms may not be well thought out. Houston does get induated with heavy rain and storms and what works well in one part of the coutnry may not be the same in other places.

    You could find yourself with water front property or a new swimming hole.


  • 4 years ago

    "I know that we can remove branches overhanging our property. I wonder how many trees would survive a 50% root disturbance and a 50% branch removal?"


    Just wanted to comment on this. Mature trees will survive more that you think they will.


    1) Where I live, at least, in the area around me, trees are trimmed nearly in half, for overhead utility wires. The trees live on.


    2) I had a neighbor with a massive river birch that had been planted way too close to the property line (probably 6 feet - already there before either of us). Besides the insane amount of dropped branches and twigs (river birches are horribly messy) one of the trunks (it had 3) was at an angle, dangerously close to my fence. Also, the roots were ruining my yard, they were above ground and had messed up the grass and my landscaping. I had the roots removed at the property line - the tree did not even blink. A couple of years later, I asked the neighbors if I could have the angled trunk removed at the base as it was getting way too close to my property. They said sure, and paid for half of that removal. The tree lived on. A later neighbor had the tree topped (which I have never seen done to a river birch), but the tree lived on.


    3) I have a multi trunk tree in the front yard. Lightning struck it 10 years ago, at the main trunk at the base. The insurance company (I had a lot of damage in the house) sent an arborist that declared the tree would not survive (and I was paid for the removal and replacement). Eventually that trunk did completely die and fell out. But the tree has survived just fine.

  • 4 years ago

    Can you post a picture of the situation?

  • 4 years ago

    If you must have a fence, consider using "sticks-in-the-ground" using, for example, rebar laid-out such that it meanders along the property line. You could plant vines or shrubs on each side of it so that it'll look natural while providing a screen from the neighboring property and preserve the trees.

  • 4 years ago
    last modified: 4 years ago

    is this a sizeable lot? sell that skinny strip of land with the trees to the neighbor. a little extra money for you, and the responsibility of taking care of the trees will be theirs. put a wall on your side of the trees and trim the overhanging branches a little so you have fewer leaves.

    “Cut them, then apologize.”

    ...And then prepare to pay a hefty monetary penalty to your neighbor after he sues you for cutting down the trees.

    this. plus that's depressing as hell. you can't uncut a tree.

  • 4 years ago

    Please don’t cut them and then apologize. Our neighbors did something similar when we were building, although the trees were fully on our property. I was heartbroken to lose the trees. We really needed the privacy they provided. We did ask for and received financial compensation (several thousand), but it still doesn’t make you whole. It will be years before we get back the privacy.

  • 4 years ago

    Most states have laws that govern what can be done to trees that share lot lines or egress onto neighboring properties.....Texas certainly does. Removing or permanently damaging the tree(s) in contravention of these laws can result in substantial fines, including replacement cost and punitive damages. In my area, that can run to thousands of $$ per tree. Don't even think about removal (although the OP has made clear this is NOT their intent) unless you are prepared to both pay the price and alienate your neighbors!!

  • 4 years ago

    unless you make the proper base for a concrete block 'fence' (wall!) in Houston with the clay 'gumbo' your fence will eventually lean (probably a lot) to one side or the other. Don't do it, just don't plan on a concrete block 'fence', i.e. wall.

  • 4 years ago
    last modified: 4 years ago

    I've recently seen a you tube video of a fence made with galvanized metal posts that were half in the ground and half out about 8' apart and then a vertical treated board was attached to each post w/s and bolts and then horizontal boards were attached to the vertical boards. Fence seemed to work well and could be maintained from the property owner's side of the fence.


    https://www.youtube.com/watch?v=_Oqy8Cwp6Dg


    https://www.google.com/search?client=firefox-b-1-d&q=postmaster+installation+full+video+6%27+privacy+fence

  • 4 years ago

    I think that a concrete fence offers a host of reasons for why you should not do that. In some neighborhoods you cant do that.

    I would not do that in Houston. One good tropical storm and it would be a disaster. You have to realize that when a stream of water hits something like that, it has to go somewhere and will likely be directed with added force in some other direction. Water is a powerful force and it continues to seek the lowest level no matter what is in it's way. It will cause dynamics to happen that you may not be taking in to account.