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We are considering purchase of a nearly new (built in 2014)

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Texas home, used initially as...
We are considering purchase of a nearly new (built in 2014) Texas home, used initially as a builder model home until first occupied in early 2016. The adjacent home has a fast-growing willow tree in the corner of his adjoining yard, the trunk of which has pushed the common boundary wood fence several inches onto what would be our property. This type of willow is also known to be an incredibly "dirty" tree, spewing out leaves and other "tree trash" in copious quantity.You apparently addressed this issue some eight years ago, and in the meantime various courts have ruled on this issue (see https://treeandneighborlawblog.com/encroachment/). What do you consider the Texas rule at this point in time? Thank you.
Submitted: 8 months ago.Category: Real Estate Law
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9/18/2017
Real Estate Lawyer: Ely, Counselor at Law replied 8 months ago
Ely
Ely, Counselor at Law
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Texas law allows the party whose property is being encroached upon to either (a) use self help, or, (b) seek relief in Court.

The neighbor whose property is being encroached upon can cut the tree to the property line, and then even sue the neighbor for the cost of needing to do this. However, he cannot cut further unto the neighbor's property, and, must take care not to cut any more than necessary to ensure that the tree is cut to the border of the property.

Alternatively, he can go to court and get permission for doing the above first, but this is not mandatory.

This falls under the doctrine of nuisance. A nuisance is a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities. Schneider Nat'l Carriers, Inc. v. Bates, 147 S.W.3d 264, 269 (Tex.2004); see also Burditt v. Swenson, 17 Tex. 489 (1856).

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