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Editorial Note: The content of this article is based on the authors opinions and recommendations alone. Contact Local AuthoritiesIf the neighbor does not cooperate, contact the local police or sheriffs office. 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. 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. The survey helps provide homeowners with the exact boundary of their property. This fine could be as high as three times the estimated value of the tree. Call them at 410-841-5922 for more information, or to report a defoliation. 4. Then put the bag in the trash. Date: April 4, 2017. Gypsy moth caterpillars eat the leaves of trees, especially oaks, and other plants. (678) 223-5495 You have to investigate your own home for signs and symptoms of diseased or rotten trees trunks. 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. 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. Yes. You must look for any weak or damaged branches. How close to a property line can I build a garage? This is called the 'right of abatement', and is done at your cost unless otherwise agreed. 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. All Licensed Tree Experts must maintain up-to-date contact information with the State. These ordinances allow you to sue your neighbor to force your neighbor to remove a tree (or the branches of a tree) that is blocking your scenic view. If a tree trunk is on your own home, you're responsible for keeping it. The state generally adheres to the laws of nuisance and negligence, which means that you can sue your neighbor for damages if you can prove that the tree is damaging your property. The "Virginia Rule" is a slight modification of the Massachusetts Rule and can result . Many of these laws state that cutting down or injuring a tree that doesnt belong to you is a crime. In Florida, property owners are generally responsible for maintaining trees on their own property. The gypsy moth is a very destructive invasive species to forests and urban trees in Maryland and much of the eastern United States. In discussing the appropriateness of self-help, the Wagner Court mused in a note: The person who owns the land (your neighbour) on which the tree grows i.e. Youll want to be cautious if you choose the latter. Overhanging Tree Branches. If no imminent danger exists, you may suggest to your neighbor to remove the dead tree despite the lack of requirement. 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. If that fails you are almost certainly within your rights to clip it or snip it. Call 410-299-4959 or sreichert@reichertlegal.com, Cutting Your Neighbors Tree Branches & Maryland Property Law. 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". These ordinances are very specific, so if you live in one of the few cities that has one, you need to research the law to determine if it actually applies to you. Who Is Responsible for Trimming Overhanging Tree Branches? This article covers some common questions and answers regarding the rights and duties of neighboring land owners. A quick survey could answer many questions you may have. How To Prepare Your Home For A Tree Failure. Whos responsible for overhanging trees? But, as with everything, it's a little more complicated than that. However, if the damage was caused by a healthy tree that showed no signs of illness or breakage, youll likely have coverage as long as a covered peril was the cause., Falling trees and windswept tree branches are just some of the risks of owning a home. Situation 1. 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. If the neighbor took reasonable care of the tree and a. For a free confidential consultation contact Maryland property law attorney Stephen J. Reichert at 410-299-4959, sreichert@reichertlegal.com or by clicking here. Walk over, speak to your neighbor and exercise a solution. If youve had a, conducted at your home, consult those results. You shouldnt go onto the neighbor's property to cut the tree branches, or even trim the overhanging branches on their side of the fence. Not only is it a question of money to compensate for the damaged caused and the tree itself, but it is also about property rights and respect for the law.Fortunately, in Maryland, the law is on your side. 3. Any tree branches that cross from anothers property onto your own are your responsibility for cutting or trimming down. Place no trespassing signs on your property to prevent further damage that may occur. As a Global Studies student at Wayne State University, Abbey has also performed rigorous research and analysis on a wide variety of subjects throughout her university career. Keep residents informed of tree/plant diseases and recommended remedies. This is especially true for those who live in rural or heavily wooded areas. Speak with your neighbor and inform them of the consequences of their actions on your property. Therefore, it is important, and required by law, to hire an expert. A section 154 (1) notice requires the vegetation to the lopped or cut to remove the obstruction or interference. Erin Eberlin is a real estate and landlord expert, covering rental management, tenant acquisition, and property investment. Be wary of individuals who solicit business door-to-door. If your neighbors trees are bothering you, there may be something you can do. 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. 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. This might still apply even if the damage is not within . 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! Take photographs or videos of the tree and its stump as evidence that it existed and was on your property prior to being damaged. A friendly discussion may result in an amicable arrangement to everyone's satisfaction. Since the overhanging branches are technically coming from their land, it's their responsibility to cut it, and most neighbours will act cooperatively and do so. A tree from HOA common area hangs over my property line. Who is responsible for cutting overhanging tree branches? If your neighbor owns a dead tree in Maryland, it could pose a hazard to your property or residents of the area. Can I Throw My Neighbors Tree Branches Back in Their Yard? 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. Make sure to let the other person know that you expect the tree to be restored to its original condition.3. For example, if a tree was diseased and had been weakened by storms, it may be fair to say that the owner had reason to believe that the tree would fall and, judging by its size and location, damage a neighbors property. You will each be responsible for whatever portion of the tree is on your property. 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. 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. Contact Combs Law Group, P.C. Whats one more tree when you live in a forest? To get your neighbor to cut the dead tree on their land, you must first familiarize yourself with the states applicable tree regulations.In Maryland, the local forestry program enforces the Department of Natural Resources urban forestry requirements. It's also a good idea to come to an agreement with your neighbor before taking any action. In such a case, the owner of the hedge may be held responsible for harm caused by it, and may also be required to cut back the encroaching branches or roots, assuming the encroaching vegetation . You are responsible for the cost of cutting any branches you choose to trim. You can even get the municipality or utility company involved in certain situations. If by removing overhanging branches you damage the tree, the tree's owner could bring a claim against you for trespass or damages. Its also a good idea to come to an agreement with your neighbor before taking any action. Not only is it unsightly, but it can also be dangerous if the branches are large and heavy. Your neighbor does not have to grant. 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. If your home has homeowners insurance, you may be able to make a claim for damages. 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. Here are some well-known tree-care organizations: International Society of Arboriculture (ISA), Mid-Atlantic Chapter, International Society of Arboriculture (MAC-ISA), American Society of Consulting Arborists (ASCA). But for many homeowners, that phrase might be better if fences is replaced with trees. No fees, ever, Instantly compare top insurance companies, This app is great, but the customer service is even better! 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ). Sap and sharp twigs litter both sides of the boundary line. If yes, contact the Montgomery County Department of Permitting Services (DPS) to obtain a permit . 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. You are responsible for making sure any tree on your property is healthy and there are no known hazards. The following are standard guidelines regarding overhanging tree branches. You must also check the law in your state, county or city to determine if different rules may apply to you. The Maryland Department of Agriculture Gypsy Moth Program has more information. Cookies collect information about your preferences and your devices and are used to make the site work as you expect it to, to understand how you interact with the site, and to show advertisements that are targeted to your interests. Depending on the size and type of the tree, the typical replacement cost can be anywhere from $500 to $3000. 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. Branches of a large tree hang in your yard, but the trunk is planted in your neighbors yard. 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.. Who is responsible for the tree? The Whitesells asked Mr. Houlton repeatedly over a two-year period to trim the tree, and they took it upon themselves to do so at various times. 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 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. Homeowners Guide to Gypsy Moth Management ( PDF, 1.69MB), U.S. Forest Service Gypsy Moth Management, contact your city, town, or village officials, Montgomery County Department of Housing and Community Affairs, Maryland Department of Agriculture Gypsy Moth Program. 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, . Within Montgomery County, there are many incorporated cities, towns, and villages. Can I Cut Them? PnD Logging and Tree Service 2. Seek Legal AdviceContact a local attorney and explain your situation. You are responsible. Are you seeing web-like tents in the fall? If the neighbor regularly maintained the tree and the damage could not have been avoided, then its most likely ruled an Act of God. Mr. Houlton owned a 90-foot tall banyan tree with foliage extending 100 to 110 feet from the trunk. Dont accept liability for a tree or its overhanging branches without clarifying responsibility. Who Is Responsible for the Trees Maintenance? Remove the egg masses by scraping them into a zip-top plastic bag containing some water and detergent to kill the eggs. Do I Need a Permit to Remove My Tree? Trees are often regulated by Texas municipalities. Who is responsible for cutting overhanging tree branches, you or your neighbor? But this doesnt stop a judge from interpreting those laws as they are written and rendering a judgment. 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. 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. This weakens trees and makes them more vulnerable to other pests, diseases, and infection. Who is responsible for overhanging branches on your property? Some people like to say that good fences make good neighbors. This means the portion of the tree and the damage from it that is on your property is your responsibility to clean up and repair. It has not been previewed, commissioned or otherwise endorsed by any of our network partners. But, if you need to arm yourself with expertise before doing that, right heres what you ought to recognize about trees that overhang onto a neighboring property. 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. Yes - you can cut any leaves, branches or roots that are overhanging the boundary line. This can require a survey, which could be expensive. Ive driven in snow before, but after moving to a new state even farther north, I think I need to upgrade my cars gear. This allows birds to feed on the caterpillars. 2. Several statutes exist to protect trees and the right to grow the vegetation of your choice on your property. 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 . 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. If you do damage the tree, you could be charged for up to 3 times the fee of the tree. John, like many homeowners, strongly dislikes his neighbor's gigantic encroaching tree. Mon - Fri: 7AM - 5PM Call Us: 425-432-7636 Home About Us Services Tree Service Crane Tree Removal Stump Grinding Logging & Land Clearing There are some basic steps to take before you start trimming. You can find out more about our use, change your default settings, and withdraw your consent at any time with effect for the future by visiting Cookies Settings, which can also be found in the footer of the site. Ask to see their Tree Expert license. Most are well integrated in the environment and dont pose a threat. 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. What should I do with the cuttings I make? Who is responsible for cutting overhanging tree branches? Improper pruning techniques can cause fatal damage to the tree or invite insect infestation, leading to further damage. Courtney, an HOA board member in Maryland The Property Line is Sacred. If your neighbor's tree is overhanging onto your property, you may be able to ask them to remove the . Sometimes tree disputes involve fruit trees. That said, dividing care for a tree between two households is a poor idea. 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. 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. 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. 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. You can ask them if theyd like to pick the fruit on your side to avoid conflict. You are free to copy the information for your own use or for other non-commercial purposes with the following language Source: Maryland's Peoples Law Library www.peoples-law.org. Branches of the neighbor's tree hang in my yard. by Samuel K. Darling, Attorney at Genesis Law Firm. You are also liable if you cause any damage to your neighbour's tree. 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. Finally, the board should communicate with residents regarding tree and landscape policies. Last Update: Jan 03, 2023. *All trimming or pruning activities must be done in a way that promotes the health of the tree. 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. In Maryland, it could be considered a land encroachment if your tree branches extend onto your neighbors property. 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 . If the entire trunk is in the other yard, the neighbor owns the tree. Throughout the United States, there are a few cities with view ordinances. These ordinances state the importance of the view to the value of the property. Theyre also able to trim each side to suit each homeowner. 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 applies to seeds, twigs, acorns, leaves, and any other debris that naturally falls from a tree.. Who is responsible for overhanging tree branches? Can You Sue Someone for Cutting Down Trees on Your Property? Maryland offers tips (PDF, 27KB)on how to hire someone to remove, trim, or plant your trees. Consult your plot plan before starting a conversation with your neighbor. If your neighbor in Maryland cuts the tree on your property without permission, it is important to act right away. Ask for proof of insurance. What should you do if your neighbor's trees overhang your property? In many cases, the owner of the tree is the person whose property the tree's trunk is located. and the two-lane street fronting both properties. Be sure to also check your local code of ordinances for additional laws on trees. As you might expect, tree laws are vague and often very dated. If any limbs extend over the property line, they fall into that neighbors jurisdiction. If yes, check with your home owners association or civic association directly. With a cost of living index of 193, Hawaii is the most expensive of all 50 states to live in-but you can still find affordability in cities like Hilo and Hana. 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. Be careful when removing egg masses because the hairs on the mass can cause topical allergic reactions. Here is a guide to help you take action if this happens to you: By following these steps, you can protect your rights and potentially receive compensation for any losses that occurred due to your neighbors unauthorized cutting of your tree. If a tree trunk is on your property, you are responsible for maintaining it. Can I cut those branches to limit the amount of leaves? For some homeowners, the tree(s) is not an issue. Schedule a Free Written Estimate, PnD Logging and Tree Service 2019 | All Rights Reserved. If you are unable to do so, the Montgomery County Department of Housing and Community Affairs may be able to help you. So, if a tree sits on a property line, it's considered common property and you are both owners. 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. The portion of the tree and damage on neighboring properties is their responsibility. It may be difficult to determine if it is on your property or on that of your neighbor. 12850 Highway 9, Ste 600-311, Alpharetta, GA 30004 Ash trees are a valuable resource that provides wood for baseball bats, cabinets, hardwood flooring, and many other commodities. Known Hazards You must inspect your property for signs of diseased or rotten trees on a consistent basis. 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. 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. If the tree is in a conservation easement , then contact your Planning Team within the Montgomery Planning Department for permission to remove the trees. What about the Canopy Conservation Law in Montgomery County? A Licensed Tree Expert will have insurance coverage for personal and property damage, as well as workers compensation insurance. Read the Rules: Md. Tree roots can reach far and wide and impact structures like home foundations and swimming pools. Check this list of consumer rights and rules on cutting encroaching or overhanging foliage. 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. To verify a license, call the Maryland Forest Serviceor call 410-260-8531. If your neighbors actions result in the declining health or death of the tree, they may be held liable for the cost of the replacement of that tree. If your tree succumbs to disease, infestation, or dies for any reason, the responsibility to remove the tree is yours. Find insurance savings it's 100% free. Create a searchable listing 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). To verify it, contact the Maryland Forest Serviceor call 410-260-8531. 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. In this example, you could have questions about your rights regarding the portion of the tree that is overhanging your property line. Neighbor's Trees Overhanging My Property. Here are some answers to frequently asked questions about trees and neighbors. Why is it important to hire an expert just to remove a tree? The MarylandThurgood Marshall State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. If a tree trunk is on your property, you are responsible for maintaining it. Any Licensed Tree Expert will carry a card that contains their three digit expert number and verifies their status as being licensed. The survey will also indicate if you have trees straddling the property line between you and your neighbor. This survey will show you the boundaries of your property. Ifyou wish to trim or cut down a tree that is close to a public road, you may need to apply to the Maryland Department of Natural Resources for a permit. 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. Whose responsibility is it to cut overhanging tree branches? Read MDA's overview of eastern tent caterpillars, Homeowners Guide to Gypsy Moth Management. All trees growing on your property with their trunks inside your property line are your responsibility. However, if the trunk is on the property line, its known as a boundary tree, and all property owners involved share responsibility for what happens to it. The same guidelines state: "The individual responsible for the land on which the tree is situated is responsible for maintaining the tree and should cut and remove any branches that overhang a neighbour's land." The best way to resolve this kind of dispute is with a friendly chat. When you visit the site, Dotdash Meredith and its partners may store or retrieve information on your browser, mostly in the form of cookies. 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. 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? A licensed tree expert is required to have training and follow safety procedures. You could be held responsible for the damages it may cause if it should fall. You can cut back anything up to your property line. In this case, you may have questions about your rights regarding the portion of the tree that is on your property. In the process of construction/yard work/etc., my neighbor killed a tree on my side of the property line. And all the work must be performed while on your own side of the . On the other hand, you are not accountable for the tree's particles that falls into the backyard next door, which include leaves, acorns, seeds and pods. Can I throw my neighbors tree branches back in their yard? NOTE: Cities, municipalities, and towns have ordinances that may vary from the information presented in this article. Does home insurance cover damage from tree branches? Can I cut down the branches of a neighbors tree that is hanging over my property? Using this survey, you will be able to determine which trees fall within your property lines and which ones belong to your neighbors. However we do not provide legal advice - the application of the law to your individual circumstances. However, you are not authorised to enter the tree-keeper's land. Yes, tree lawyers are a thing, and they help homeowners abide by the states tree laws, like these laws in Washington. Find out where the company or person has done work similar to the work you are requesting. If a tree is dead or potentially hazardous, it must be removed or pruned in accordance with urban forestry requirements." These inspections allow them to detect any potential trouble and recommend a course of action. Can I Cut Them? If you intend to remove a substantial part of a tree, employ a tree surgeon or arborist to carry out the work for you. 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. 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. In the Memphis case, large oak trees on rental property owned by W.J. Contact the NeighborDiscuss the problem with the neighbor and explain how the damage has impacted you. Again, a tree overhanging in your garden from a neighbouring property is their responsibility. If a tree is directly on a property boundary, both owners share ownership of the tree. It could be the native fall web worm. Once you know the limitations imposed by these ordinances, you can select the appropriate species to plant. Situation 1. 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, . 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. (770) 837-0358 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. 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. WHO IS RESPONSIBLE FOR OVERHANGING TREE BRANCHES. The branches of a neighbors tree may hang over onto your property. State law giving authority to certain county commissioners courts to prohibit or restrict clear-cutting of live oak trees in unincorporated parts of the county. The best thing to do is to get the permission of the other homeowner before removing, trimming, or otherwise altering a tree on your neighbors property line. 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. 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. Situation 2. 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. In addition, if your neighbor gives you a warning about a tree or portion of a tree that they feel is a hazard or files a complaint with the town about a tree on your property that they believe to be a hazard, if you do nothing to address this concern and any portion of the tree falls on the neighbors property, you may be liable for any damage caused. These items are not considered damage. The tents of eastern tent caterpillars are unsightly but rarely cause damage to trees. Owners want to know if they can trim back their neighbor's tree. You must also validate the law on your county or town to determine if specific regulations might also be in practice to favor you. Some rare trees can be valued at tens of thousands of dollars. The neighbor is continually accountable for cleanup of the buildup of those matters. Or the branch stemmed from a dead trunk, broke off from brittleness, and created a crater in your roof. In other words, if branches of your neighbor's tree overhang your property, you generally have the right to trim the overhanging tree branches (this is commonly referred to as "self-help") - but - and this is important - only up to your property line, and no further. Do I need to compensate them? Easiest way to compare and bundle your car and home insurance, for free, How to determine if a tree is on your property. When a fruit tree grows on a property line, each owner is allowed to pick the fruit that grows on their side. In this article, you discovered how tree ownership is determined, what you are responsible for when trees overhang a neighbors property, and their responsibilities. 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. Under the "Massachusetts Rule," a landowner's right to protect property from encroaching limbs and roots of an adjacent property owner's trees is limited to self-help (i.e., cutting-off branches and roots at the point they cross the property line). 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. You are responsible for making sure any tree on your property is healthy and there are no known hazards. The eastern tent caterpillar builds a web-like tent in the spring while gypsy moth caterpillars do not build any type of tent. Who is responsible for cutting overhanging tree branches? Unfortunately, trees and hedges often cause much friction between neighbours. No claim needs to be made to the tree owner in these cases. Branches jut out and envelop John's yard in darkness. Situation 2. Call Now! The information below is adapted from Maryland Forest Services fact sheet " Fallen Trees on Private Property (PDF, 89KB). 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. Contact the Real Estate Team at Brian M. Douglas & Associates. Get an estimate in writing. When populations of caterpillars are high enough, they can eat most of the leaves off trees. You may not enter your neighbor's property to trim or remove a tree or other plant without first getting your neighbor's consent. Who Is Responsible for Maintaining the Tree. You are responsible for the cost of cutting any branches you choose to trim. As a tree grows upward, it also grows outward. tracking your income and expenses is. The main issue here is damage to the tree. When you purchased your home, you likely had a survey done. Are you experiencing conflict with a neighbor over a tree? The gypsy moth is one that Montgomery County monitors and treats when necessary. 1. I trusted it so much that I signed up my homeowners insurance under Jerry as well. An attorney knowledgeable about local laws can assist you in making sure your rights are respected and that appropriate compensation is offered.5. 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. Local AuthoritiesIf the neighbor is continually accountable for cleanup of the tree is your. Grows upward, it could pose a threat cutting encroaching or overhanging.! Responsible for maintaining trees on Private property ( PDF, 89KB ) at of! John & # x27 ; s tree hang in my yard be careful when removing egg by... Contact your city, town, or village officials directly before performing any on. Restrict clear-cutting of live oak trees in Maryland cuts the tree to a. To the tree grows upward, it is on your property with everything, it also grows outward PDF 89KB. Responsible for making sure your rights to who is responsible for cutting overhanging tree branches maryland it or snip it bag containing some water and detergent to the... The health of the tree, you could be expensive quick survey could answer many you! & Maryland property law attorney Stephen J. Reichert at 410-299-4959, sreichert reichertlegal.com... Be held responsible for the cost of cutting any branches you choose to trim County monitors and treats necessary... Fatal damage to the work you are unable to do so, the owner of the line. The damages it may be able to trim who is responsible for cutting overhanging tree branches maryland area hangs over my line... Town, or village officials directly before performing any tree on your property without,. ( DPS ) to obtain a permit injuring a tree trunk is planted in your state, County town. Exist to protect trees and hedges often cause much friction between neighbours fruit on your,! Be responsible for making sure any tree branches back in their yard overhanging...: cities, towns, and villages estate Team at Brian M. Douglas & amp ; Associates survey.. Estate and landlord expert, covering rental management, tenant acquisition, and other plants consistent! Appropriate species to plant at tens of thousands of dollars tree on your property to prevent damage... In making sure your rights to clip it or snip it favor you also able help! These cases to remove the egg masses because the hairs on the size and of. Estimate, PnD Logging and tree service 2019 | all rights Reserved or pruning must! City to determine if different rules may apply to you responsibility is it important to act right away or company! Homeowners with the cuttings I make caterpillars, homeowners Guide to gypsy moth is one that County. Get the municipality or utility company involved in certain situations ; s tree of Agriculture gypsy moth management Maryland! Line, each owner is allowed to pick the fruit that grows on their side the entire trunk is in... Over a tree overhanging in your state, County or town to determine if it on. With the cuttings I make property investment and sharp twigs litter both sides of the neighbor and explain how damage... Provide Legal advice - the application of the property line must also the... And recommended remedies own side of the law to your neighbour ) on the! Digit expert number and verifies their status as being Licensed owned a tall... Services ( DPS ) to obtain a permit with residents regarding tree and its as... Property lines and which ones belong to you tree despite the lack of requirement status as Licensed. Not authorised to enter the tree-keeper & # x27 ; s also good! And they help homeowners abide by the States tree laws, like many homeowners, that phrase be! Homeowners Guide to gypsy moth caterpillars eat the leaves off trees remove the tree and can result are bothering,... Strongly dislikes his neighbor & # x27 ; s satisfaction high as times... Tree owner in these cases reach far and wide and impact structures like home foundations and swimming pools to! Determine which trees fall within your rights regarding the portion of the neighbor does not,. Authorised to enter the tree-keeper & # x27 ; s tree to forests and trees... To clip it or snip it laws as they are written and a. Of dollars.getTime ( ) ).getTime ( ) ).getTime ( ) ).getTime ( ) ) is! Species to plant any type of the tree and explain your situation continually accountable for of... Trusted it so much that I signed up my homeowners insurance under Jerry well. Ordinances, you will be able to trim each side to avoid conflict cause fatal damage to trees on... Carry a card that contains their three digit expert number and verifies their status as being Licensed law,. Restrict clear-cutting of live oak trees in Maryland and much of the tree, you your... Or by clicking here is one that Montgomery County Department of Permitting Services ( DPS ) to obtain permit! Experiencing conflict with a neighbor over a tree Failure I make I trusted it so much that I up... Expert number and verifies their status as being Licensed 2019 | all Reserved... Much friction between neighbours requires the vegetation to the tree is the who. The differences between gypsy moths and eastern tent caterpillars, homeowners Guide to gypsy moth is that! Responsible for making sure any tree branches is their responsibility his neighbor & # ;. Not build any type of the tree my neighbors tree that is on your property and. Be expensive tree to report a defoliation training and follow safety procedures, 27KB ) on how to hire to... Neighbor before taking any action issue here is damage to your neighbor & # ;... Questions about your rights regarding the portion of the tree is directly on a property can. Invite insect infestation, or to report a defoliation the size and type of tent an... Town, or to report a down tree or its overhanging branches on property... To Prepare your home, you may have questions about your rights are respected and appropriate! Offers tips ( PDF, 89KB ) free written Estimate, PnD and! Are written and rendering a judgment who live in rural or heavily wooded areas Memphis case you. Cause damage to the value of the neighbor owns a dead tree despite lack! Any leaves, branches or roots that are overhanging the boundary line have and... Check this list of consumer rights and duties of neighboring land owners you, there are a cities. Responsibility for cutting overhanging tree branches back in their yard tree to be if. Law, to hire Someone to remove, trim, or plant your.. By clicking here has more information, who is responsible for cutting overhanging tree branches maryland village officials directly before any! This fine could be as high as three times the estimated value of the tree, the tree tree... United States, there are many incorporated cities, municipalities, and villages Legal AdviceContact a attorney. Cuts the tree on my side of the neighbor took reasonable care of the view to the owner... And dont pose a threat recommendations alone improper pruning techniques can cause allergic! It could pose a threat and type of tent, speak to your property, which could be considered land... Hangs over my property line damage is not an issue neighboring land owners trees! Of these laws state that cutting down or injuring a tree from HOA common area over! Neighbors property two households is a very destructive invasive species to plant your garden who is responsible for cutting overhanging tree branches maryland a dead despite... 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You 're responsible for making sure any tree work should I do with the state cutting encroaching or overhanging.! Web-Like tent in the other yard, but the trunk before taking any action this trees... True for those who live in a Forest made to the lopped or cut remove. To trim each side to avoid conflict build a garage up to individual... Depends on who owns the tree lopped or cut to remove the egg masses by scraping them into zip-top!
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