Legal Question in Civil Litigation in Texas

neighbors tree damages house

if the overhanging limbs from a tree on nieghbors property cause damage to my roof and flashing and subsequent water damage and rot to that section of the house is the tree owner responsible for the damage thier tree caused to my house? i have over the years trimmed back limbs that would block an entrance to the back yard and have told the owner and her yard man to cut the higher and much larger limbs fearing that the wind would cause them the hit and damage my roof. last month i was walking under the eaves during a mild rain was hit by drops. i noticed they were coming not from the side of the roof but from under the eaves, i had a grandson climb a latter to he told me the flashing was pulled away and the shingles were torn and some missing and that the wood siding trim and eave panelling was rotting. i told the neighbor of the problem the limbs have now caused and asked her to contact her ins carrier and file a claim for the damage. She, the nieghbor said she would not and that the overhanging tree limbs from her tree, planted in her back yard behind 4ft chain link fence were my responsibility to trim and cut and she is not responsible for any damage her tree has caused to my house. is this true? no resposiblity? rr

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