Legal Question Real Estate
Apr 17, 2026 · Asked by Sandra W.

My neighbor's tree fell on my fence — who pays for repairs?

A large oak tree from my neighbor's yard fell during a storm last week and destroyed my fence in Austin. The neighbor says it's "an act of God" and he's not responsible. Is that true?

1 Attorney Answer

Attorney Response Apr 20, 2026

TTL Legal Team

Verified Texas Attorney

Texas generally follows the "Massachusetts Rule" — a landowner is not automatically liable for damage caused by a healthy tree that falls due to a storm. However, if you had previously notified your neighbor in writing that the tree was dead, diseased, or leaning dangerously and they failed to act, liability shifts significantly. Check whether you have homeowner's insurance that covers neighbor-caused damage — most policies do. Also check if your neighbor has liability coverage. If the tree was visibly unhealthy, consult an attorney about a negligence claim. Document everything with photos now.

This is general legal information, not legal advice. Consult a licensed attorney for your specific situation.

Attorney answers are general legal information and do not constitute legal advice or an attorney-client relationship.

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