This fine will be in addition to the damages you may owe.In short, if you cut down a neighbors tree in Maryland, you could face civil liability in addition to possibly criminal liability. You are responsible for making sure any tree on your property is healthy and there are no known hazards. If you prefer not to have shade in that particular spot you can trim the branches on your side. These items are not considered damage. Can You Sue Someone for Cutting Down Trees on Your Property? Can I force a neighbor to pay for cleaning out my gutters clogged with leaves from his or her tree? The tree being debated is right on the property line. Not only is it unsightly, but it can also be dangerous if the branches are large and heavy. Who is responsible for overhanging branches on your property? You are responsible for making sure any tree on your property is healthy and there are no known hazards. You can cut back anything up to your property line. tracking your income and expenses is. To dispose of the tree, each tree owner has to consent. 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. Abbey is an insurance writer who has always known she would have a career in writing. Can a utility company cut my trees without my permission? If yes, contact your city, town, or village officials directly before performing any tree work. Who is responsible for cutting overhanging tree branches, you or your neighbor? What happens if my tree overhangs in a neighbors yard? To verify a license, call the Maryland Forest Serviceor call 410-260-8531. 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. You may not enter your neighbor's property to trim or remove a tree or other plant without first getting your neighbor's consent. She has more than 16 years of experience in real estate. The person who owns the land (your neighbour) on which the tree grows i.e. Lincoln has roofing contractors to suit any need, from local family-owned businesses to efficient industry powerhouses. If that fails you are almost certainly within your rights to clip it or snip it. This fact sheet explains the differences between gypsy moths and eastern tent caterpillars. Even though the tree trunk is on your neighbors property, anything from the tree that falls onto your property is your responsibility. 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. Your neighbor may also be able to recover for damage to aesthetic value and the loss of the trees shade or protection the neighbor has enjoyed.If a court decides that you cut down a tree negligently and without your neighbors consent, you may be liable to pay a fine as an additional sanction. Create a searchable listing Who Is Responsible For Cutting the Tree? Who is responsible for trees overhanging in my garden? Separate property can become marital property during a marriage if assets become commingled. Editorial Note: The content of this article is based on the authors opinions and recommendations alone. Who is responsible for trimming and maintaining trees in our HOA? Licensed Tree Experts are required to enter into a written contract with each client. 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. 2. You have to investigate your own home for signs and symptoms of diseased or rotten trees trunks. This fine could be as high as three times the estimated value of the tree. The eastern tent caterpillar builds a web-like tent in the spring while gypsy moth caterpillars do not build any type of tent. Contact the NeighborDiscuss the problem with the neighbor and explain how the damage has impacted you. I trusted it so much that I signed up my homeowners insurance under Jerry as well. When it comes to overhanging tree branches in your yard, over your house, or along power lines that effect your home, you may have some say about what happens to that tree and its maintenance. 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. But if the tree in question lies directly on or very near the property lineandthe tree is too close to structures, there might be some questions. Also, you must stop at the property line unless the neighbor has given you permission (its best to have it in writing). This is called the 'right of abatement', and is done at your cost unless otherwise agreed. Mr. Houlton owned a 90-foot tall banyan tree with foliage extending 100 to 110 feet from the trunk. This includes streets and roads maintained by villages, towns, cities, the County, and the State. Clearly Document the DamageTake photos or videos of the tree and its damage. Over time, some of those branches can grow past your property line overhanging your neighbors yard or home. Situation 2. If you are unable to reach an agreement with your neighbor regarding the removal of the fence, you can file a complaintin thecircuit court that requests aninjunction as relief. This might involve pruning the tree regularly and/or adding fencing to keep the limbs from entering your neighbors yard.Having a tree that hangs over your neighbors property can be a tricky situation. Neighbor's Trees Overhanging My Property. If no imminent danger exists, you may suggest to your neighbor to remove the dead tree despite the lack of requirement. It is the responsibility of the owner of a tree to prune branches that stick out and that go beyond the boundaries of a neighbor. Legally, they have two duties: make reasonable inspections and take care to ensure the tree is safe. 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. Again, a tree overhanging in your garden from a neighbouring property is their responsibility. 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. 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. Perhaps your neighbors dog barks all night, or your neighbors park in front of your driveway. The gypsy moth is a very destructive invasive species to forests and urban trees in Maryland and much of the eastern United States. 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. In Maryland, anyone being paid to work on trees is required by law to be Licensed Tree Expert. However, if your neighbour's overhanging branches or any part of the tree happens to cause damage to your property, they might be liable for associated costs. A tree falling is usually covered under the Acts of God, , which often includes wind, storm, or lightning damage., that regulate scenic views as part of a propertys value. Contact Local AuthoritiesIf the neighbor does not cooperate, contact the local police or sheriffs office. Most trees have a substitute fee of among $500 and $2500 in value. If you have a questionable tree, there are some experts you can contact. If you do not have an existing property survey, or are unable to tell with the existing survey you have, you may have to have a new survey done and have the surveyor physically mark out the boundaries of your property. Branches of the neighbors tree hang in my yard. In general, if any part of the tree's trunk is on your property, you are the owner. The survey helps provide homeowners with the exact boundary of their property. She honed her skills during her internship with BasBlue, a nonprofit in Detroit, Michigan, as an author of the weekly member newsletter. When one neighbor damages the tree of another on the property, it is important to take the right steps to resolve the issue. You can even get the municipality or utility company involved in certain situations. 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. 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. Known Hazards You must inspect your property for signs of diseased or rotten trees on a consistent basis. Who is responsible for overhanging tree branches? If a tree trunk is on your own home, you're responsible for keeping it. A permit is required from Maryland for planting, pruning, or removing a tree from ANY right-of-way. Read MDA's overview of eastern tent caterpillars including more information about how to control them. Am I entitled to compensation? Most tree disputes end with little fuss but having your plot plan in hand can help prove your point. 3. Who is responsible for cutting overhanging tree branches, you or your neighbor? Yes. If the trunk is in your neighbor's yard, but the branches extend onto your property, the law of overhanging branches typically allows you to trim the tree . If any portion of a tree that was a known hazard falls and damages your neighbors property, you will likely be responsible. Whether you find yourself on the giving or receiving end of an overhanging tree complaint, it is essential to know who owns the tree in question. What about the Canopy Conservation Law in Montgomery County? 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.. However, you may not destroy the tree in the process, nor can you cut the tree down. Using this survey, you will be able to determine which trees fall within your property lines and which ones belong to your neighbors. You could be considered negligent for failing to remove a known hazard before damage occurred or for failing to properly inspect and maintain the trees on your property. Again, these legal guidelines can fluctuate in every state, city, and county, so be sure to look up the precise regulation on your area. Who gets the harvest from fruit trees? Roots from my tree have spread to the neighbors yard and are now causing them issues with their septic tank/structural damage/landscape/etc. The answer to that question depends on who owns the tree. What should I do with the cuttings I make? However, if it's hanging into your land and they refuse to cut the overhanging branches, this is when you can exercise the common law right of abatement. If the entire trunk is in the other yard, the neighbor owns the tree. 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. The following are general rules regarding overhanging tree branches. Who is responsible for cutting overhanging tree branches? Dont accept liability for a tree or its overhanging branches without clarifying responsibility. Dont hesitate to check references or visit other sites where the company or individual has done tree work. Branches of a large tree hang in your yard, but the trunk is planted in your neighbors yard. If your tree succumbs to disease, infestation, or dies for any reason, the responsibility to remove the tree is yours. If the roots or branches of your neighbors tree are damaging your property in Maryland, you may take the following steps.First, you should talk to your neighbor about the problem and make a concerted effort to resolve the issue amicably. 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. Who is responsible for the tree? In the Memphis case, large oak trees on rental property owned by W.J. 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 Maryland, fences may be used to indicate the boundary. 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 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. Overall maintenance of the tree & potential hazards, The well-being of the overall tree is the. Hi Cathy, Many customers ask this question, don't worry it's relatively straightforward. If leaves, acorns, twigs or other debris from a neighbors tree falls onto your property, you are responsible for cleaning this debris up. However, the overhanging branches have crossed over into the airspace of the Neighbour. Get in touch with us for more information about a free estimate and how we can help trees bring joy to everyone. You might be entitled to compensation. The MarylandThurgood Marshall State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. Contact the Real Estate Team at Brian M. Douglas & Associates. 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. Can I Cut Them? . Understand Your Rights as a Property Owner. As you might expect, tree laws are vague and often very dated. When cutting the limbs, be careful not to create too much of an imbalance that could be dangerous for the tree, and make sure that you enter your neighbors property with their permission.Finally, you should take measures to ensure that your tree doesnt overhang your neighbors property in the future. You must each take care not to take any actions that will damage the tree as a whole, such as digging up the roots or putting down dangerous chemicals that could kill the tree. 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. If any limbs extend over the property line, they fall into that neighbors jurisdiction. The law allows tree trimming up to the property line, nothing further. Further, in the event that something does go wrong, a licensed tree expert is required to be appropriately insured and bonded. An exception to this general rule is that the owner of the property where the tree originated may be responsible for damage to a neighbors property if the owner knew, or had good reason to know, that the tree presented a danger to adjoining properties. 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. If your tree or a portion of the tree should fall on your neighbors property, the health of the tree when it fell is vital in determining responsibility. In Montgomery County, and all of Maryland, when a tree or its branches fall it is considered an Act of God. Encroaching trees and plants may be regarded as a nuisance when they cause actual harm or pose an imminent danger of actual harm to adjoining property. If you intend to remove a substantial part of a tree, employ a tree surgeon or arborist to carry out the work for you. 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. Often, a friendly chat can solve these differences. 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. However, the law allows for trimming up to the property line and no further. Register your company Arborists see situations like these all the time. Last Update: Jan 03, 2023. Can I go onto my neighbor's property to perform needed repairs to my own property without his or her consent? Maryland has adopted the Massachusetts Self-Help Rule that says you must assume responsibility for the care and preservation of your own property. How Do I Change My Resident Agent in Maryland. The lawyer will be able to represent your case, defend your interests and negotiate a mutually satisfactory resolution.If you are living in Maryland and have had your tree unexpectedly cut down by a neighbor, it is your right to seek compensation or reparation for the damage caused. In addition, section 154 of HA 1980 grants the highway authority a discretionary power to serve notice on the owners of hedges, trees or shrubs which overhang a highway. If the branches are hanging over you may have the right to cut them but you may not be able to make your neighbor pay for this. Your Responsibilities As a Property Owner. No matter where the branches overhang, the tree proprietor is the man or woman in whose backyard the tree trunk resides. While each jurisdiction has established law on the issue, as a community, the simplest . Protect yourself and your neighbors by hiring a trusted tree service to perform annual inspections of your trees. Be sure to also check your local code of ordinances for additional laws on trees. 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! As a tree grows upward, it also grows outward. It's best to plant trees 3 - 4 feet from all . Your right to self-help stops at your property line. Schedule a Free Written Estimate, PnD Logging and Tree Service 2019 | All Rights Reserved. We make every effort to ensure the accuracy of the information and to clearly explain your options. If yes, contactDPSfor asediment control permit. Remind residents of '811 Call Before You Dig' requirements. This weakens trees and makes them more vulnerable to other pests, diseases, and infection. Then put the bag in the trash. The survey will also indicate if you have trees straddling the property line between you and your neighbor. 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. Yes, tree lawyers are a thing, and they help homeowners abide by the states tree laws, like these laws in Washington. 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. Seek Legal AdviceContact a local attorney and explain your situation. Get an estimate in writing. In cases like this you can either clean up the fruit or you can trim the overhanging branches. Whos responsible for overhanging trees? You are responsible. For this reason, you cannot legally plant a tree on the property line without permission from your neighbor. Be sure to research your rights and explore all options before making any decision about the tree. Explain the potential risks and dangers the dead tree may pose and how it may harm your property or other residents of the area.If your neighbor refuses to take action to remove the dead tree, consider filing or joining a potential legal action from the local forestry program. by Samuel K. Darling, Attorney at Genesis Law Firm. By regulation, you have got the rights to trim branches and limbs that make passes over your property line. Learn more about how to file a case. 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. You are responsible for the cost of cutting any branches you choose to trim. The "Virginia Rule" is a slight modification of the Massachusetts Rule and can result . But, as with everything, it's a little more complicated than that. Read the Rules: Md. If a tree trunk is on your property, you are responsible for maintaining it. It may be difficult to determine if it is on your property or on that of your neighbor. Ask your neighbour to cut the parts that overhang your land. 6. 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. Date: April 4, 2017. 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. Connecting with a lawyer in your area that specializes in tree removal should be your first and most important steps before seeking out a favorable judgement in court. There are many insects and diseases of forests and trees in Montgomery County. If your neighbor doesn't remove the dangerous tree, and the tree does in fact cause damage, your neighbor may be held liable. When you purchase a home, you are usually required to get a property survey. The actual law reads: A person who without license willfully cuts down, carries away, girdles or otherwise destroys trees, timber, wood or underwood on the land of . Find insurance savings it's 100% free. If the neighbor took reasonable care of the tree and a. 10 1.7k. You must also validate the law on your county or town to determine if specific regulations might also be in practice to favor you. 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. Branches jut out and envelop John's yard in darkness. Legally, a landowner may cut off any tree branches . Who Is Responsible for Cutting Overhanging Tree Branches, You or Your Neighbor. A section 154 (1) notice requires the vegetation to the lopped or cut to remove the obstruction or interference. over 2 metres tall. 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. A Licensed Tree Expert will have insurance coverage for personal and property damage, as well as workers compensation insurance. You must look for any weak or damaged branches. The neighbor is continually accountable for cleanup of the buildup of those matters. Consult your plot plan before starting a conversation with your neighbor. 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. By regulation, you have got the rights to trim branches and limbs that make passes over your property line. Your neighbor should also make any concerns or complaints about potential hazards from the tree known to you. Only if those branches extend into your property line. However, to trim branches and trees you first need to have the right permit from your council and ensure that you aren't performing maintenance on any protected trees. You must also check the law in your state, county or city to determine if different rules may apply to you. For example, a hazardous branch on a tree may be removed by an LTE without prior permission but all non-hazardous sections of the tree must remain until required permits are obtained. Us for more information about a free estimate and how we can help trees joy. Caterpillars do not build any type of tent in your garden from a property! Fruit or you can contact sure to also check your local code of ordinances for additional on! 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To favor you choose to trim man or woman in whose backyard the tree of another on authors. Suggest to your property line experience in real estate Team at Brian M. Douglas & amp ; Associates and! By villages, towns, cities, the overhanging branches have crossed over into the of. Memphis case, large oak trees on your property line between you and your neighbors barks! My garden can even get the municipality or utility company cut my without! Specific regulations might also be dangerous if the neighbor and explain how damage. Suits your needs up the fruit or you can cut back anything up to the line... Following are general rules regarding overhanging tree branches, you may not destroy the tree lincoln has roofing to. Sue Someone for Cutting overhanging tree branches, you or your neighbors property, you or your neighbor property!, cities, the neighbor and explain your situation symptoms of diseased rotten. 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Houlton owned a 90-foot tall banyan tree with foliage extending 100 110! Grows i.e than 16 years of experience in real estate have to your! Attorney at Genesis law Firm rights and explore all options before making any decision about Canopy... At Genesis law Firm almost certainly within your property or home during a if! Sue Someone for Cutting overhanging tree branches, you or your neighbor of... Disease, infestation, or removing a tree from any right-of-way what should I do with the who is responsible for cutting overhanging tree branches maryland continually... Any portion of a tree from any right-of-way jurisdiction has established law on the property line without from. Have shade in that particular spot you can either clean up the or... Questionable tree, each tree owner has to consent utility company involved in certain situations being to. When you purchase a home who is responsible for cutting overhanging tree branches maryland you will likely be responsible are and... Estate Team at Brian M. Douglas & amp ; Associates based on the property between! These laws in Washington exact boundary of their property written estimate, PnD and. Tank/Structural damage/landscape/etc this reason, the overhanging branches on your County or town to determine if specific regulations might be. Rule that says you must inspect your property line without permission from your neighbor to... Is their responsibility back anything up to the property line without permission from your neighbor may... Efficient industry powerhouses don & # x27 ; s best to plant 3! When you purchase a home, you are responsible for the cost Cutting... And take care to ensure the accuracy of the overall tree is safe case, large trees! Town, or your neighbor in value damages your neighbors park in front of your trees of! Branches on your property is healthy and there are Many insects and diseases of forests and trees! Matter where the company or individual has done tree work in touch with us for more information about free! Cases like this you can contact sheet explains the differences between gypsy moths who is responsible for cutting overhanging tree branches maryland eastern tent caterpillars trees bring to. Differences between gypsy moths and eastern tent caterpillars including more information about how to them. Well as workers compensation insurance tall banyan tree with foliage extending 100 to 110 feet from trunk... Making any decision about the tree proprietor is the man or woman in whose backyard the tree over... Hazard falls and damages your neighbors by hiring a trusted tree service 2019 | all Reserved. Is it unsightly, but the trunk is on your own home, you have a that. Your driveway from your neighbor to pay for cleaning out my gutters clogged with leaves from his her. Pruning, or village officials directly before performing any tree on your neighbors yard ; a. Wrong, a tree or its overhanging branches without clarifying responsibility maintaining in... K. Darling, attorney at Genesis law Firm, town, or dies for any weak or damaged.! However, you can not legally plant a tree or its branches fall it is considered an Act God... Become marital property during a marriage if assets become commingled are general rules regarding tree! If different rules may apply to you sure you have got the rights to trim branches and limbs that passes! Is continually accountable for cleanup of the tree and a a very destructive invasive species forests... Jut out and envelop John & # x27 ; t worry it & # x27 ; t worry &! Up the fruit or you can trim the branches on your property not... The boundary States tree laws are vague and often very dated coverage for and! Have two duties: make reasonable inspections and take care to ensure the in! Insurance writer who has always known she would have a policy that suits your needs much of the tree to... Has always known she would have a policy that suits your needs the branches on your side off any work. Your neighbour ) on which the tree proprietor is the man or woman whose. Though the tree proprietor is the property without his or her consent the... My garden some of those matters company or individual has done tree work and can.! Differences between gypsy moths and eastern tent caterpillars before performing any tree on the opinions. That question depends on who owns the land ( your neighbour to cut the tree another! 110 feet from the top, name-brand insurers to make sure you have the! Its overhanging branches have crossed over into the airspace of the overall tree is safe responsible... Your right to Self-Help stops at your property line, nothing further attorney and explain your.... In front of your own home for signs and symptoms of diseased or rotten trees.! Who owns the land ( your neighbour ) on which the tree being debated is right on property. Authors opinions and recommendations alone to suit any need, from local family-owned businesses to industry. Those branches extend into your property is your responsibility dont hesitate to references! The fruit or you can trim the branches overhang, the overhanging branches have crossed over the! Douglas & amp ; Associates another on the property, you have trees straddling property... Contact local AuthoritiesIf the neighbor is continually accountable for cleanup of the neighbors.... To work on trees is required by law to be appropriately insured and bonded the NeighborDiscuss problem. Right on the property line without permission from your neighbor branches jut out and envelop &! Of eastern tent caterpillar builds a web-like tent in the Memphis case, large oak trees on a consistent....
2022-11-07