Before cutting those branches I suggest you speak with a Maryland property law attorney. A landowner has the right to compel his or her neighbor to remove of overhanging branches, or the landowner may use self-help to cut the branches back himself or herself. In Maryland, a person who cuts down a tree on anothers land without consent may be guilty of conversion, or a tort. It is important to remember that your neighbor may be able to sue you if the tree causes property damage to them.If you believe that cutting the tree down may be the right course of action, start by discussing options with your neighbor. . But, the court added, the decision was not intended to address "whatever rights" a plaintiff may have to recover the cost of cutting the overhanging branches or foliage. where the base of the tree is, owns the tree and is responsible for it, but is . Yes, tree lawyers are a thing, and they help homeowners abide by the states tree laws, like these laws in Washington. A tree on your aspect of the property line is yours, while a tree on the alternative aspect of the road belongs on your neighbor. If your tree reaches a height that obstructs a neighbors view (in a city with such ordinances), you may be ordered to reduce the height of the tree or remove it. Overhanging tree branches can be a nuisance, especially if they are constantly shedding leaves or fruits onto your property. In some cases, it is illegal for them to do so.In most jurisdictions, you have a right to an unobstructed view of the sky from your yard, so if your neighbors tree is blocking the view, then it can be cut down. The person who owns the land (your neighbour) on which the tree grows i.e. The MarylandThurgood Marshall State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. Their branches might block sunlight, yield unwanted . You should also check with your county and municipality to see whether they have other requirements you must follow in order to trim or remove a roadside tree. 12850 Highway 9, Ste 600-311, Alpharetta, GA 30004 Read MDA's overview of eastern tent caterpillars including more information about how to control them. No matter where the branches overhang, the tree proprietor is the man or woman in whose backyard the tree trunk resides. However we do not provide legal advice - the application of the law to your individual circumstances. Branches of the neighbors tree hang in my yard. An injunction is acourt order directing someone to do ORnot to do a particular thing. It has not been previewed, commissioned or otherwise endorsed by any of our network partners. You must also check the law in your state, county or city to determine if different rules may apply to you. Find insurance savings it's 100% free. Walk over, speak to your neighbor and exercise a solution. Again, a tree overhanging in your garden from a neighbouring property is their responsibility. While property owners can be held responsible for damage to a neighbor's property that results from failing to attend to a tree that poses a threat to nearby residents or their property, falling . Before planting new trees on your property, it is worth the time and effort to research your citys laws for these specific ordinances. If you choose to cut back the roots or branches on your property, you likely can't claim back any costs from the tree owner. 8:30 am - 8:00 pm, Mon - Fri, From MD Legal Aid; Edited by www.peoples-law.org/contributors, 10 Tips on Hiring and Working with a Contractor, Disagreements with your condo or homeowners association in Maryland, Foreclosure Cases During Phase 4 of the Judiciary's Reopening Plan, Home Improvement: Resolving Disputes with Contractors, Lead Paint Law: Information for Owners and Sellers, Lead Paint Law: Information for Renters and Buyers, Steps for Recording a Maryland Real Estate Deed, Using a Housing Choice Voucher to buy a house. Even though your neighbor has a proper to trim returned all branches that increase onto his belongings in order that they are regardless of the assets line, he does not have a proper to come back onto your home to accomplish that except you supply him permission. Can I Cut Them? Why is it important to hire an expert to work on your tree? Can You Sue Someone for Cutting Down Trees on Your Property? However, you are not authorised to enter the tree-keeper's land. If you have further questions about trees near your neighbors property line, you want to get branches trimmed up to the fence or property line, we recommend to not attempt this yourself. If youve had a, conducted at your home, consult those results. Cutting those branches too far back or during the wrong time of year can easily damage the tree. Hi Cathy, Many customers ask this question, don't worry it's relatively straightforward. The law governing this issue comes primarily from the Land and . Can a utility company cut my trees without my permission? Take photographs or videos of the tree and its stump as evidence that it existed and was on your property prior to being damaged. These inspections allow them to detect any potential trouble and recommend a course of action. Cutting Down Trees Without Permission in 2023, Neighbors tree fell on my house: What to do, How to replant and care for a tree after it has been cut, How to determine if a tree is on your property or your neighbors property. In the rare case that a tree is growing directly on the property line, ownership and responsibility of that tree are equally shared between you and your neighbor. Discuss the problem and see if you can come to an agreement on how to fix it. Although you need to take duty to your tree, you won't realize that tree ownership also offers you positive rights. 1. If you seek to recover a debt, you can . No fees, ever, Instantly compare top insurance companies, This app is great, but the customer service is even better! Improper pruning techniques can cause fatal damage to the tree or invite insect infestation, leading to further damage. This means that you may have the right to compensation for any losses that you suffer as a result of the tree being cut down. The neighbor has the right to cut roots and trim trees that spread over the property line. Whose responsibility is it to cut overhanging tree branches? Contact a lawyer for legal advice to determine if you can file a civil suit for damages and monetary compensation. This is called the 'right of abatement', and is done at your cost unless otherwise agreed. In other cases, such as if the tree is a protected species, special permission may be required to cut it down.To be certain of your legal rights, you can contact your local government agency or an attorney to get advice. Basically, if it drops on your side of the property, youll be the one picking it up. and the two-lane street fronting both properties. Your neighbor can trim, cut, or alter any portion of the tree overhanging onto their property line as long as it doesnt compromise the tree's overall well-being. To increase your chances of a favorable outcome, it is highly advisable to seek the services of a lawyer who specializes in the laws surrounding tree removal in Maryland. Therefore, if you cut down your neighbors tree, without their permission, you may be civilly liable for damages.The damages award may total the cost of the tree, including the value of the tree, its age and its species, plus any incidental damage you caused to your neighbors property when the tree was cut down. How close to a property line can I build a garage? Wagner, a Pennsylvania Superior Court held that overhanging tree branches constitute a trespass. The owner of a tree is not responsible for the damage its roots cause to neighboring property, but the neighbor's "right to cut off the intruding boughs and roots . You can cut back anything up to your property line. So, Maryland residents are required to cut any offending vegetation at their own risk and expense at the property line, but no farther. The person who owns the land (your neighbour) on which the tree grows i.e. This fact sheet explains the differences between gypsy moths and eastern tent caterpillars. For some homeowners, the tree(s) is not an issue. Like eastern tent caterpillars, their tents are ugly but the insect is generally harmless. Your neighbor may be willing to pay for the repair or removal of the tree.Second, if you cant come to an agreement with your neighbor, you have few legal options available to you in Maryland. However, the law allows for trimming up to the property line and no further. She honed her skills during her internship with BasBlue, a nonprofit in Detroit, Michigan, as an author of the weekly member newsletter. Are you experiencing conflict with a neighbor over a tree? Branches of the neighbor's tree hang in my yard. Overall maintenance of the tree & potential hazards, The well-being of the overall tree is the. Any damage caused by weak, diseased, infested, or otherwise damaged trees wont be covered because its preventable. I used it for my auto and renters policies. Trees are the answer to many of the issues we face in an urban environment. The short answer, therefore, is that a Neighbour is entitled to cut back any tree branches which overhang their property, and in doing so are not obliged to give notice to the adjoining owner. Be sure to research your rights and explore all options before making any decision about the tree. In light of this right, the Court held that there was no right to file a negligence suit for the failure to keep a tree properly trimmed so that it does not extend over and . If your tree succumbs to disease, infestation, or dies for any reason, the responsibility to remove the tree is yours. When you visit the site, Dotdash Meredith and its partners may store or retrieve information on your browser, mostly in the form of cookies. How to Tell if a Tree Is on Your Property. Day, evening and weekend appointments are available in office or at your residence; serving client throughout Maryland. Again, these legal guidelines can fluctuate in every state, city, and county, so be sure to look up the precise regulation on your area. An unauthorized entry onto the land of your neighbor constitutes a trespass for which your neighbor could seek damages against you. Any tree branches that cross from anothers property onto your own are your responsibility for cutting or trimming down. If yes, contact the Montgomery County Department of Permitting Services (DPS) to obtain a permit . Any person who trespasses and removes trees or branches without an owners permission, unless they work for a public service company or a public roads agency, may be liable for any surveys or appraisals needed, court costs that may incur, and triple the amount of the value of the trees or timber cut. Before cutting those branches I suggest you speak with a Maryland property law attorney. The answer to that question depends on who owns the tree. If yes, contact your city, town, or village officials directly before performing any tree work. You may cut a branch, vine, or root of a neighbor's tree or other plant that extends onto your property, but only back to the neighbor's property line. When a fruit tree grows on a property line, each owner is allowed to pick the fruit that grows on their side. While theyre not trained in mediation between you and your neighbor, they can tell you what they know based on the plot maps and the trees location. Neighboring trees may often become troublesome. Fruit trees can be much more sensitive to pruning. The branches of a neighbors tree may hang over onto your property. If you agree on tree trimming that doesnt damage the tree and makes you both happy youve successfully reached an agreement to keep you out of court and save money. Most insurance companies will cover the claim as long as they deem it an Act of God, because this situation could not have been anticipated by a reasonable person. If a complaint is filed with the town, the town may require you to remove the tree, or they may even come to remove it themselves. If the tree is in an historic area designated by the Montgomery Planning Department, then contact them to determine if a Historic Area Work Permit is required to remove the tree. A permit is required from Maryland for planting, pruning, or removing a tree from ANY right-of-way. If you feel that your neighbor has a tree that is hazardous to your property, you should try to resolve your concerns with your neighbor. They can also locate tree roots and estimate if theyre a potential threat to structures. Anyone who is required to obtain a sediment control permit from Montgomery County is required to comply with the Tree Canopy Law . Land Rover Range Rover Evoque Dynamic Premium Insurance Cost. You can cut back anything up to your property line. Who is responsible for cutting overhanging tree branches, you or your neighbor? NOTE: Cities, municipalities, and towns have ordinances that may vary from the information presented in this article. Overhanging Tree Branches. If a tree trunk is on your property, you are responsible for maintaining it. A neighbor's tree branch that hangs over your property may fall in a storm, resulting in damage to your home, car or other possessions. Diseased or Dying Tree If your tree had clear signs of disease, infestation, rot, or your neighbor filed a complaint about the hazard, you could be held liable for all damages caused by the falling tree. A licensed tree expert is required to be well-trained and experienced in how to care for trees, how to trim or remove trees, how to recognize hazardous trees, how to plant trees all in such a way as to be safe and follow laws. The question is, who is responsible for cutting overhanging tree branches? In addition to the Maryland license required by law, there are several organizations who certify arborists and others who require certain qualifications for membership. If youre putting your house up for sale and mention the serene lake view, the neighbors overhanging tree branches can hinder that selling point., If your portion of a tree obstructs a protected scenic view, you may be held responsible for cutting the overhanging branches, or your city may do it for you., wherever the tree debris falls will determine who is responsible for it, . Ownership of the tree need to be mounted to truly determine who is liable for the renovation of branches that overhang an adjoining neighbors property. Can I go onto my neighbor's property to perform needed repairs to my own property without his or her consent? The neighbor is continually accountable for cleanup of the buildup of those matters. Landowners are responsible for maintaining the trees on their property. In all cases, if a tree is found to be hazardous by a Maryland licensed tree expert(LTE) or certified arborist, the hazard may be removed as soon as possible by an LTE. Simply put, you will be responsible for the portion of the tree on your side of the property line, and your neighbor will be responsible for anything on their side., Youll want to establish the trees position in relation to a property line because it will ultimately determine who is responsible for cutting overhanging tree branches.. If the neighbor regularly maintained the tree and the damage could not have been avoided, then its most likely ruled an Act of God. Speak with your neighbor and inform them of the consequences of their actions on your property. A landowner may cut off any tree branches which over-hangs his/her property without giving notice to the owner of the tree providing the branches which overhang are interfering with the property and causing a nuisance, i.e. A tree that is located on the boundary line cannot be removed unless both parties agree to do so. This includes streets and roads maintained by villages, towns, cities, the County, and the State. In Maryland, fences may be used to indicate the boundary. (770) 837-0358 In addition, if your neighbor gives you a caution about a tree or part of a tree that they experience is a danger or documents a criticism with the city about a tree on your private home that they agree with to be a chance, if you do nothing to cope with this issue and any part of the tree falls at the neighbors belongings, you may be chargeable for any damage induced. She has more than 16 years of experience in real estate. Tree Liability in Maryland, DC, and Virginia. Whether the damaged tree is a nuisance, a hazard or a valuable asset, the subsequent steps may help ensure that the issue is resolved to everyones satisfaction.1. You also have the right to count on that any upkeep he does on his aspect of the fence does no longer harm or in the end smash the tree. In this case, you may have questions about your rights regarding the portion of the tree that is on your property. Generally, when a tree is located on the property line, cutting it down can be considered an act of trespass and give you recourse to sue.It is important to quickly take action as soon as your neighbor cuts down your tree. Whether you can cut your neighbors tree that has branches hanging over your land, the Maryland courts follow the Hawaiian Rule whereby the owner of the tree has no obligation to control the growth of the tree or to pay for damage to your property caused by the overhanging limbs. Not to mention convenient! Even though the tree trunk is on your neighbors property, anything from the tree that falls onto your property is your responsibility. Also, write a clear and precise letter to your neighbor, informing him or her of the law and demanding either compensation for the tree or the replanting of the tree.In the event that your neighbor does not abide and follow the law, it may be necessary to go to court. & Anthony Clark, Esq. If any part of a tree that changed into a known chance falls and damages your neighbors property, you will possibly be responsible. Depending on the size and type of the tree, the typical replacement cost can be anywhere from $500 to $3000. In the rare case that a tree is growing directly on the property line, ownership and responsibility of that tree are equally shared between you and your neighbor. You may be able to agree on an alternate solution, such as having the tree trimmed or treated professionally.You also have the option of hiring an arborist to assess the health of the tree and make recommendations about trimming, treating, or removing the tree. Call them at 410-841-5922 for more information, or to report a defoliation. Learn how, when, and how much to trim or prune your trees to maximize their health and beauty. If any portion of a tree that was a known hazard falls and damages your neighbors property, you will likely be responsible. Can I trim them without permission? Choose the policy you like then well do the hard work for youthat means handling all phone calls, paperwork, and renewals.. If many years have elapsed or there is difficulty determining where the property line is, have a new survey conducted with the surveyor physically marking the property line. Advise residents if architectural review and approval is required for certain tree and landscape actions. We have a network of experienced tree service companies that work with homeowners all the time that have these concerns. In many cases, repeated damage by gypsy moths can kill trees. For example, if cutting the roots of a neighboring tree weakens the tree and falls, you will be responsible for any damage it causes. Otherwise, if a hazardous condition is not known, the accident is considered an Act of God and the affected property owner is therefore responsible for the damage their property. Situation 1. A discussion of the Massachusetts Rule vs. the Hawaii Rule for the responsibility for the trimming of tree branches overhanging onto a neighbor's property. My husband and I got the lowest rate (much lower than the rates I was finding online through my own searches), quickly, and pretty much all through text message! Basically, said Cor van Deventer, a director at Greyvenstein's Attorneys in Port Elizabeth, your property rights begin and end at the boundaries of your property - so you'd be well within the law if you cut the offending branches down. Whos responsible for overhanging trees? Your neighbor should also make any concerns or complaints about potential hazards from the tree known to you. Contact the police and file a report about the incident. Well do a comprehensive cross-analysis of policies from the top, name-brand insurers to make sure you have a policy that suits your needs. Report a Downed Tree To report a down tree or tree limb, please call 311 or 301-883-4748 to submit a service request electronically. These laws also apply to trees growing on property lines. In Maryland, anyone being paid to work on trees is required by law to be Licensed Tree Expert. Instead, you should first obtain your neighbors consent before entering their property. A lawyer may also be able to help you negotiate an agreement between you and the adjacent property owner.In conclusion, its important to familiarize yourself with the applicable rules and regulations regarding dead trees in your state and work with the local forestry program and your neighbor to ensure the dead tree poses no danger. The position of a trees trunk near a property line determines who is the rightful owner of the tree. 5. If your property was damaged click here to see if you might have a case. 425-432-7636 Generally, a contractor will perform pruning, reinforcement, planting and felling operations and will be able to identify and control (where possible) tree pests and diseases. However, you must prove that the tree is causing actual harm and not merely creating a potential hazard.Third, you also may have some options in terms of insurance. You must also validate the law on your county or town to determine if specific regulations might also be in practice to favor you. What happens if my tree overhangs in a neighbors yard? What to Do If Your Neighbors Tree is Affecting You, Neighbors Tree Causing Damage to Your Roof: What to Do, Neighbors Tree Blocking Sunlight or View: What to Do, Neighbors Tree Roots Damaging Your Property: What to Do, 5 Steps For Getting Your Tree Accident Settlement, 7 Tips for Dealing With Neighbor Disputes, Is Your Tree Falling? How do you open the gas tank on the Ford Edge 2015? All Licensed Tree Experts must maintain up-to-date contact information with the State. While trees can on occasion be a risky combination, specifically among friends who normally don't get alongside, it is vital to recognize your rights and obligations earlier than taking drastic measures. However, if the trunk is on the property line, it's known as a boundary tree, and all property owners involved share responsibility for what happens to it. If your actions to the overhanging portion of the tree cause damage to the rest of the tree, you may be liable for those damages. Expert Answers: Even if the tree trunk is on your neighbor's property, you have the responsibility for cutting any branches that extend onto your property line. where the base of the tree is, owns the tree and is responsible for it, but is not necessarily responsible for felling the tree or pruning branches that overhang their neighbours' (your) property, even if these are seen to be . You may cut a branch, vine, or root of a neighbors tree or other plant that extends onto your property, but only back to the neighbors property line. But what if youre not interested in picking the fruit or dislike the fact that the fruit falls in your yard? If your neighbor owns a dead tree in Maryland, it could pose a hazard to your property or residents of the area. As a tree grows upward, it also grows outward. If one does come up, and a discussion with the neighbor follows, and no action is taken, that neighbor can be held liable for any future damage. Is that corner of your yard still at the mercy of Teds trimming schedule or lack thereof?, Here to detail the general rules of overhanging branches and tree ownership is, savings and expert home maintenance tips. John, like many homeowners, strongly dislikes his neighbor's gigantic encroaching tree. at (602)957-9810 for more information. Neighbors get into disputes all the time. Anyone who applies for a building permit, a sediment control permit, or a permit to work in a right-of-way maintained by Montgomery County is required to comply with the Roadside Tree Law. A handful of cities have a view ordinance, which states that a scenic view is an important part of a homes value. A tree from HOA common area hangs over my property line. This fact sheet explains the differences between gypsy moths and eastern tent caterpillars. If you invade the neighbor's property, you can be legally responsible for damage to the tree. By properly caring for your trees and having them inspected annually, you can detect potential issues early and get them resolved before turning into a problem or dispute. Several statutes exist to protect trees and the right to grow the vegetation of your choice on your property. If your neighbor doesn't remove the dangerous tree, and the tree does in fact cause damage, your neighbor may be held liable. Storm damage of a neighbors tree resulted in my property damage. In discussing the appropriateness of self-help, the Wagner Court mused in a note: But since its not only you who is responsible for cutting overhanging branches, its best to talk with your neighbor before you begin cutting. Licensed Tree Experts are required to enter into a written contract with each client. If your neighbor in Maryland cuts the tree on your property without permission, it is important to act right away. So keep in mind that the you break it, you buy it rule does apply to trees. Hopefully, you wont experience any significant damage to your home and belongings, but if you do, it pays to have a solid, Put your home insurance on autopilot with, . If by removing overhanging branches you damage the tree, the tree's owner could bring a claim against you for trespass or damages. The law allows tree trimming up to the property line, nothing further. You might be entitled to compensation. Marylands common law is specific on trees that border property lines.Under Maryland common law, each homeowner is responsible for taking reasonable care to not harm the adjoining neighbors tree. Your arborist may even act as a mediator by explaining tree laws and finding a solution to the problem. In the absence of file-specific attribution or copyright, the Maryland Thurgood Marshall State Law Library may hold the copyright to parts of this website. Check this list of consumer rights and rules on cutting encroaching or overhanging foliage. If you both personally feel a certain way about the tree, any selections made about the tree need to be settled among you and your neighbor. If a neighbor has unexpectedly cut down your tree without your permission in Maryland, it is important to take decisive action. Further, a Maryland Licensed Tree Expert is required to be appropriately insured and bonded. All trees growing on your property with their trunks inside your property line are your responsibility. Is the neighbor responsible? For a free confidential consultation contact Maryland property law attorney Stephen J. Reichert at 410-299-4959, sreichert@reichertlegal.com or by clicking here. Sources:http://agrisk.umd.edu/blog/frequently-asked-questions-can-i-cut-my-neighbors-tree-back-from-our-property-linehg.org/legal-articles/neighbor-s-right-to-build-36677extension.tennessee.edu/publications/Documents/SP687.pdfsecure.caes.uga.edu/extension/publications/files/pdf/C%201099_1.PDF, 72 Tree, Seed & Land Co. Lastly, theyre can trim the tree safely and healthily. You are responsible for making sure any tree on your property is healthy and there are no known hazards. Ask for proof of insurance. When one neighbor damages the tree of another on the property, it is important to take the right steps to resolve the issue. Jerry is the easiest and most effective way to find a home or, All you have to do is download the app, answer a few questions, and Jerry will take care of the rest. 410-299-4959, If you live in Maryland and own property, you own the property from the center of the planet to the useful area of sky above the land! In certain cases, there may be a tree that is right on the edge of the property. The Massachusetts tree law (General Laws chapter 242, section 7) allows up to triple the damages for the malicious trimming, destroying, or cutting of another person's trees.