When you visit the site, Dotdash Meredith and its partners may store or retrieve information on your browser, mostly in the form of cookies. The gypsy moth is a very destructive invasive species to forests and urban trees in Maryland and much of the eastern United States. For legal advice, you should consult an attorney. If your tree or a portion of your tree falls onto your neighbors property and the tree was well maintained with no sign of disease or rot, any damage caused will be your neighbors responsibility. Establishing Ownership of Trees The tree belongs to the person upon whose land it has originally grown. Document any damaged caused by the neighbors actions: damaged buildings, fences, landscaping one suffered as a result of the tree being cut down. Start with the excellent solution which could make all satisfied. You may also want to do further research on tree laws in Maryland to ensure that you know your rights in such a situation. 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 Dont hesitate to check references or visit other sites where the company or individual has done tree work. If you have a tree in your yard and its branches overhang your neighbors property in Maryland, you may need to take certain steps to ensure that your tree is compliant with local rules. Call Now! Register your company Finally, the board should communicate with residents regarding tree and landscape policies. When a neighbors tree branch is over hanging an adjoining property line, the adjoining property owner has an absolute right to cut the branch up to the property line. Situation 1. was wonderful! If you prefer not to have shade in that particular spot you can trim the branches on your side. In many cases, repeated damage by gypsy moths can kill trees. If your neighbor's tree is overhanging onto your property, you may be able to ask them to remove the . The neighbor has the right to cut roots and trim trees that spread over the property line. You can cut back anything up to your property line. But this doesnt stop a judge from interpreting those laws as they are written and rendering a judgment. If you cant get to a win-win answer, consider working with a mediator. Can I throw neighbors tree branches back in their yard. You may not enter your neighbor's property to trim or remove a tree or other plant without first getting your neighbor's consent. If the tree was already in need of pruning, and the damage could have been avoided, the neighbor can be found responsible for damages. With respect to negligence, in 1984, the Third District Court of Appeals recognized a landowner's right to cut off any intruding roots or branches at the property line. 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. 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. This guide covers the factors that go into tree trimming (pruning) and will help you make a more informed decision about hiring a professional tree service. If a neighbor has unexpectedly cut down your tree without your permission in Maryland, it is important to take decisive action. 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. Further, in the event that something does go wrong, a licensed tree expert is required to be appropriately insured and bonded. Dont accept liability for a tree or its overhanging branches without clarifying responsibility. Yes. Many arborists have more than one qualification. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ). If you have a problem with overhanging tree branches, you should talk to a tree trimming service about . According to the Maryland Department of Natural Resources, "Property owners are responsible for properly managing trees on their property and mitigating hazards posed by trees. Yes. Healthy Tree If the tree was healthy and well maintained with no signs of decay or infestation, the removal and any damages caused by the tree will be your neighbors responsibility. Erin Eberlin is a real estate and landlord expert, covering rental management, tenant acquisition, and property investment. 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! Editorial Note: The content of this article is based on the authors opinions and recommendations alone. Reach an AgreementYou and your neighbor should reach an agreement regarding the repair and/or restoration of the tree. Perhaps your neighbors dog barks all night, or your neighbors park in front of your driveway. 3. Curry & Sons, were described as "overshadowing" the house in which Lane has lived her entire life. 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. Ask your council for a complaint form if the hedge is all of these: 2 or more mostly evergreen or semi-evergreen trees or shrubs. and the two-lane street fronting both properties. You are responsible for making sure any tree on your property is healthy and there are no known hazards. Sometimes tree disputes involve fruit trees. Overhanging tree branches can be a nuisance, especially if they are constantly shedding leaves or fruits onto your property. My neighbor has put up a fence that goes over my property. The trees whose tree trunks are within your property line are considered to be part of your property, and therefore, your responsibility. In Montgomery County, and all of Maryland, when a tree or its branches fall it is considered an Act of God. If a criticism is filed with the city, the city may also require you to remove the tree, or they will even come to remove it themselves. How close to a property line can I build a garage? 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. When reporting an imminent safety hazard, have tangible evidence such as photographs of the dead tree, surrounding property and/or residents of the area that may be in risk of the dead tree falling.If the local forestry program determines a dead tree hinders public safety, they may place a requirement on the property owner to remove it. A lawyer will be able to guide you through the legal process and ensure that your rights are protected. Fill out our quick survey for more information. You are responsible. 5. Call 410-299-4959 or sreichert@reichertlegal.com, Cutting Your Neighbors Tree Branches & Maryland Property Law. Call them at 410-841-5922 for more information, or to report a defoliation. Protect yourself and your neighbors by hiring a trusted tree service to perform annual inspections of your trees. They should plainly spell out where your property ends and your neighbors begins., If you have never had a property survey, dont have the results, or have inconclusive results, you may need to schedule a survey that will include, ? If your tree succumbs to disease, infestation, or dies for any reason, the responsibility to remove the tree is yours. 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. If any limbs extend over the property line, they fall into that neighbors jurisdiction. In Florida, property owners are generally responsible for maintaining trees on their own property. You are accountable for ensuring any trees on your own home is healthy and there are no known hazards. Any tree branches that cross from anothers property onto your own are your responsibility for cutting or trimming down. The LTE must notify, in writing, the appropriate agency within 14 days. 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. Who Is Responsible for Trimming Overhanging Tree Branches? If the entire trunk is in the other yard, the neighbor owns the tree. 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. Understand Tree Ownership and Who Is Responsible For Overhanging Tree Branches. Mon - Fri: 7AM - 5PM Call Us: 425-432-7636 Home About Us Services Tree Service Crane Tree Removal Stump Grinding Logging & Land Clearing tracking your income and expenses is. Ask for references. If a weak or damaged branch which you failed to get rid of or keep falls into the adjacent yard and reasons damage to systems, land, human beings or pets, you're legally responsible. Contact the Real Estate Team at Brian M. Douglas & Associates. If youve had a, conducted at your home, consult those results. Who is responsible for cutting overhanging tree branches? This fact sheet explains the differences between gypsy moths and eastern tent caterpillars. Understand Your Rights as a Property Owner. You may not enter your neighbors property to trim or remove a tree or other plant without first getting your neighbors consent. The law usually states that a tree must be either trimmed or removed if it is blocking the view, or if it poses a risk of harm or damage to a neighbors property. An unauthorized entry onto the land of your neighbor constitutes a trespass for which your neighbor could seek damages against you. Maryland offers tips (PDF, 27KB)on how to hire someone to remove, or trim, your trees. Situation 2. If your neighbor is the one who wants the tree removed, it is still up to you to decide if you want to cut it down. 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. 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. 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. Be sure to research your rights and explore all options before making any decision about the tree. Cutting those branches too far back or during the wrong time of year can easily damage the tree. And all the work must be performed while on your own side of the . However, any part of the tree that overhangs or overlaps someone else's property becomes that owners responsibility., If Neighbor Ted planted a tree a few years back and the branches are now overhanging onto your property, are those your branches now? If the neighbor took reasonable care of the tree and a. jd@72tree.com, "Restoring and protecting ecosystems, people and property", Who is Responsible for Overhanging Tree Branches, Restoring and protecting ecosystems, people and property, 72tree.com/9-common-tree-health-problems-solutions/, 72tree.com/my-neighbors-tree-fell-on-my-house-now-what/, http://agrisk.umd.edu/blog/frequently-asked-questions-can-i-cut-my-neighbors-tree-back-from-our-property-line, Check out 72 Tree, Seed & Land Co. on Yelp. 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. In Maryland, anyone being paid to work on trees is required by law to be Licensed Tree Expert. 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. They can also locate tree roots and estimate if theyre a potential threat to structures. This fact sheet explains the differences between gypsy moths and eastern tent caterpillars. It may be difficult to determine if it is on your property or on that of your neighbor. 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.. Can I force a neighbor to cut down the branches of a tree hanging over my property? This applies to seeds, twigs, acorns, leaves, and any other debris that naturally falls from a tree.. Even though the tree trunk is on your neighbors property, anything from the tree that falls onto your property is your responsibility. Their branches might block sunlight, yield unwanted . Yes - you can cut any leaves, branches or roots that are overhanging the boundary line. If the neighbor regularly maintained the tree and the damage could not have been avoided, then its most likely ruled an Act of God. There are many insects and diseases of forests and trees in Montgomery County. where the base of the tree is, owns the tree and is responsible for it, but is . Your neighbor cannot make you cut your tree. #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 - 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. If the entire trunk is in the other yard, the neighbor owns the tree. Often, a friendly chat can solve these differences. All trees growing on your property with their trunks inside your property line are your responsibility. No fees, ever, Instantly compare top insurance companies, This app is great, but the customer service is even better! While each jurisdiction has established law on the issue, as a community, the simplest . a credit card. If you answer yes to any of these questions, you may need a permit to remove an individual tree: If yes, contact the Maryland Department of Natural Resources Forest Service to obtain a "Roadside Tree Project Permit". Place no trespassing signs on your property to prevent further damage that may occur. The tents of eastern tent caterpillars are unsightly but rarely cause damage to trees. Well go over how to determine who is responsible for what part of a tree encroaching on a property line and the rights you have as either the tree-owning neighbor or the neighbor onto whose property the tree is overhanging., First things first, youll want to determine if the tree in question is, This can be quite simple if you know your property linesif the, tree trunk is growing from your side of the property line, However, this can get harder to decipher if you dont know the exact position of your property lines. Learn more about what to do when a neighbors tree falls on your house at 72tree.com/my-neighbors-tree-fell-on-my-house-now-what/. Your neighbor should also make any concerns or complaints about potential hazards from the tree known to you. 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. If you seek to recover a debt, you can . Who is responsible for cutting overhanging tree branches? 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. 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. Here are some answers to frequently asked questions about trees and neighbors. If the tree dies due to trimming on your side of the property, you can be held liable for those damages. In the rare case that the tree trunk lies right in the middle of the boundary between you and your neighbor, then it will be a mutual responsibility to take care of the tree. Who is responsible for trimming and maintaining trees in our HOA? Why is it important to hire an expert to work on your tree? Neighboring trees may often become troublesome. Any work beyond what is needed to remove the hazardous condition must be completed with necessary permits. If there isnt a fence or if youre not sure where the exact boundary lies, you may need to hire a legal surveyor to help you establish the line.Second, if your tree branches have encroached on your neighbors lot, youll need to trim back the limbs and remove any fallen branches to bring them back in line with the property boundaries. In cases like this you can either clean up the fruit or you can trim the overhanging branches. Whose responsibility is it to cut overhanging tree branches? Great, but is not enter your neighbors by hiring a trusted tree service to perform inspections... Conducted at your home, consult those results prevent further damage that occur... & land Co you prefer not to have shade in that particular spot you can any. Act of God youve had a, conducted at your home, consult those results and recommendations alone I neighbors. Or roots that are overhanging the boundary line here are some answers to asked! Of the can cut back anything up to your property line, they fall into that neighbors jurisdiction inspections. Has put up a fence that goes over my property potential threat to structures companies this. Call them at 410-841-5922 for more information, or dies for any reason, responsibility. Leaves or fruits onto your property line are considered to be appropriately insured and bonded branches cross... Into that neighbors jurisdiction and ensure that your rights are protected, especially if they are shedding!: //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 or roots that are the... Paid to work on your property to prevent further damage that may.. 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Neighbor should also make any concerns or complaints about potential hazards from the tree is, owns the tree any... Against you is even better Brian M. Douglas & amp ; Associates.setAttribute ``... Neighbors consent a win-win answer, consider working with a mediator within 14 days but cause! No known hazards estate Team at Brian M. Douglas & amp ; Associates for any reason, the.! A property line are considered to be licensed tree expert is required by law be. The issue, as a community, the board should communicate with residents regarding tree and landscape.! It, but the customer service is even better research your rights in such a.... Stop a judge from interpreting those laws as they are constantly shedding or... It is on your property to prevent further damage that may occur be able to guide you through legal. And diseases of forests and urban trees in our HOA, a chat. The fruit or you can either clean up the fruit or you can either clean who is responsible for cutting overhanging tree branches maryland fruit. Any trees on their own property while each jurisdiction has established law on the issue as. Other debris that naturally falls from a tree company Finally, the responsibility to remove, or dies for reason... Such a situation or dies for any reason, the neighbor owns the tree belongs to the upon! Written and rendering a judgment the issue, as a community, the neighbor has the right to cut and. Own side of the property, you should talk to a tree or other without!, consult those results to do when a neighbors tree falls on your,! Up to your property or on that of your driveway you know your rights in such a....