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. The portion of the tree and damage on neighboring properties is their responsibility. 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. Maryland offers tips (PDF, 27KB) on how to hire someone to remove, or trim, your trees. 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? . You should only enter that portion of your neighbors property to which your neighbor grants you access, and you should comply with any other lawful conditions they may impose. 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. The person who owns the land (your neighbour) on which the tree grows i.e. Sap and sharp twigs litter both sides of the boundary line. If the tree is diseased, infested, or weak from mismanagement and causes any damage outside of your property boundary because of it, On the other hand, if the tree is healthy and shows, but still somehow falls, any damage inflicted on the neighbors property will be the neighbors responsibility. . You must also validate the law on your county or town to determine if specific regulations might also be in practice to favor you. Call Now! You can ask them if theyd like to pick the fruit on your side to avoid conflict. 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. You can cut back anything up to your property line. 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 . No fees, ever, Instantly compare top insurance companies, This app is great, but the customer service is even better! 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. This service may be costly, but it may be the only way to protect your property from further damage.If you are in a dispute with your neighbor as to who is responsible for the damages, reach out to a local lawyer for advice. 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. In discussing the appropriateness of self-help, the Wagner Court mused in a note: 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. Maryland Thurgood Marshall State Law Library, 2022., Submit a legal information question to the Thurgood Marshall State Law Library, Call or chat with a lawyer about your civil legal matter, at no cost Are you seeing web-like tents in the fall? Speak with your neighbor and inform them of the consequences of their actions on your property. This is especially true for those who live in rural or heavily wooded areas. A quick survey could answer many questions you may have. 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. Am I entitled to compensation? 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 . Any branches or foliage that overhang a neighbor's property are considered that neighbor's responsibilitybut only up to their property line. The gypsy moth is a very destructive invasive species to forests and urban trees in Maryland and much of the eastern United States. Among the many issues community associations deal with are disputes between owners regarding trees that encroach upon a neighbor's property. The responsibilities of each property owner are typically as follows: Owner of the Tree You are responsible for the overall care of the tree, including: Watering, mulching, and fertilizing Staking or anchoring if the tree becomes unstable or is leaning Trimming or pruning the canopy (up to your property line) Detecting and treating illnesses and insect infestations. 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 . Curry & Sons, were described as "overshadowing" the house in which Lane has lived her entire life. It is always recommended that you search for your citys tree ordinances to fully inform yourself. The LTE must notify, in writing, the appropriate agency within 14 days. There are some basic steps to take before you start trimming. You can seek to recover up to $300 towards the cost of cutting and removing overhanging branches from the tree-keeper. However, it may be difficult to persuade a court to order your neighbor to cut back a tree or other plant, unless you can show that the overgrowth is harming you or your property. However, the law allows for trimming up to the property line and no further. Dont hesitate to check references or visit other sites where the company or individual has done tree work. Date: April 4, 2017. at (602)957-9810 for more information. Who is responsible for cutting overhanging tree branches? Abbey is an insurance writer who has always known she would have a career in writing. Ask for proof of insurance. While there is typically a clear tree owner, there are, outlined for both the owner and the neighbor with the trees overhanging branches., Any branches or foliage that overhang a neighbors property are considered that neighbors responsibilitybut only up to their property line., They are allowed to trim, cut, or alter the parts of the tree that cross their property line as long as their alteration, does not cause damage to the rest of the tree. The MarylandThurgood Marshall State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. Section 240.909 of the Texas Local Government Code. You must also check the law in your state, county or city to determine if different rules may apply to you. If a tree is dead or potentially hazardous, it must be removed or pruned in accordance with urban forestry requirements.Therefore its necessary to determine if the dead tree poses an imminent safety hazard and if so, this must be reported to the local forestry program or property owner. #MDLawyer #MDAttorney #Marylandlaw #MarylandPropertyLaw #MarylandTitle #MarylandDeed #StephenJReichert #PropertyDeed #PropertyTitle #MarylandLawyer #MarylandAttorney #PropertyLaw, on Cutting Your Neighbors Tree Branches & Maryland Property Law, Maryland Attorney: Estate Planning & Administration, Probate, Property Deeds, Tax Appeals, Business, Trademarks & Copyrights - By regulation, you have got the rights to trim branches and limbs that make passes over your property line. Contact Combs Law Group, P.C. 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. Maryland offers tips (PDF, 27KB)on how to hire someone to remove, or trim, your trees. No matter where the branches overhang, the tree proprietor is the man or woman in whose backyard the tree trunk resides. To verify a license, call the Maryland Forest Serviceor call 410-260-8531. However we do not provide legal advice - the application of the law to your individual circumstances. If tree owners ensure their trees are safe with regular inspections and maintenance, uncomfortable issues are less likely to arise. First and foremost, document the situation in writing, taking photographs or videos of the scene of the tree cutting as well as of the remaining stump or other evidence of the tree on your property. 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. Lincoln has roofing contractors to suit any need, from local family-owned businesses to efficient industry powerhouses. (678) 223-5495 Learn more about tree health problems and solutions at 72tree.com/9-common-tree-health-problems-solutions/. It may cost more to hire an arborist, but its a good way to make sure that your decision is backed up by an expert opinion.Ultimately, the decision of whether to cut down the tree lies with you. My neighbor has put up a fence that goes over my property. Courtney, an HOA board member in Maryland The Property Line is Sacred. If the tree-keeper does not reimburse you, then you may apply to QCAT to recover up to $300 as a minor debt dispute. If it is found that the fence is on your property, you should take some action or risk losing ownership rights under the doctrine of adverse possession. So keep in mind that the you break it, you buy it rule does apply to trees. Situation 2. Trees on private property are the responsibility of the homeowner. They will be able to remove the tree or trim back its roots without causing additional damage. Within Montgomery County, there are many incorporated cities, towns, and villages. Be careful when removing egg masses because the hairs on the mass can cause topical allergic reactions. If you have noticed trees hanging over and you are not happy with it, speak with them immediately and ask that they resolve the issue at their earliest convenience. In many cases, the owner of the tree is the person whose property the tree's trunk is located. Find insurance savings it's 100% free. affecting your enjoyment of your home or . Who is responsible for trees overhanging in my garden? They are allowed to trim, cut, or alter the parts of the tree that cross their property line as long as their alteration does not cause damage to the rest of the tree. This situation can create a legal problem for both parties, so its important to take action right away.First, its essential to accurately determine the boundary line between your and your neighbors properties. And all the work must be performed while on your own side of the . Tree Liability in Maryland, DC, and Virginia. You are accountable for ensuring any trees on your own home is healthy and there are no known hazards. For example, if cutting the roots of a neighboring tree weakens the tree and falls, you will be responsible for any damage it causes. Even though the tree trunk is on your neighbors property, anything from the tree that falls onto your property is your responsibility. Some rare trees can be valued at tens of thousands of dollars. A person soliciting business door-to door will often give a cell phone number and no other means of contact (this makes it very difficult to find them should a problem arise). Overhanging Branches on Your Property Even if the tree trunk is on your neighbour's property or on the road, you are mandated by law to cut any branches that extend onto your property line. You must look for any weak or damaged branches. Your neighbor should also make any concerns or complaints about potential hazards from the tree known to you. The Maryland Department of Agriculture (MDA) recommends tearing apart the tents with a stick or a pole. If your tree or a portion of your tree falls on your neighbors property and the tree has obvious signs of disease or rot, or if your neighbor had filed a complaint with the town or with you about the hazard, you may be liable for any damage caused. Who is responsible for cutting overhanging tree branches, you or your neighbor? Perhaps your neighbors dog barks all night, or your neighbors park in front of your driveway. Can I go onto my neighbor's property to perform needed repairs to my own property without his or her consent? 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. Free Confidential Consultation. Be wary of individuals who solicit business door-to-door. You may not enter your neighbors property to trim or remove a tree or other plant without first getting your neighbors consent. 4. However, the overhanging branches have crossed over into the airspace of the Neighbour. However, you may not destroy the tree in the process, nor can you cut the tree down. When you purchased your property, you were likely required to get a property survey. In Maryland, a person who cuts down a tree on anothers land without consent may be guilty of conversion, or a tort. Once you know the limitations imposed by these ordinances, you can select the appropriate species to plant. The answer to that question depends on who owns the tree. If a tree is dead or potentially hazardous, it must be removed or pruned in accordance with urban forestry requirements." 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.