Also, note that you can cut back anything up to your property line. Contact the Real Estate Team at Brian M. Douglas & Associates. (a tort which involves an act or omission which amounts to unreasonable interference with, disturbance to, or annoyance to another person's in the exercise of their rights). Only if those branches extend into your property line. Although you need to take duty to your tree, you won't realize that tree ownership also offers you positive rights. 5. (770) 837-0358 Who is responsible for the tree? Your arborist may even act as a mediator by explaining tree laws and finding a solution to the problem. This fine could be as high as three times the estimated value of the tree. 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 . Can a utility company cut my trees without my permission? Can I Cut Them? This will depend on both parties willingness to negotiate and agree upon a solution.By taking the right steps and documenting everything, it is possible to resolve the situation if your neighbor has damaged your tree in Maryland. You are also liable if you cause any damage to your neighbour's tree. 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. A tree from HOA common area hangs over my property line. If yes, contactDPSfor asediment control permit. 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. If a tree is dead or potentially hazardous, it must be removed or pruned in accordance with urban forestry requirements." Overhanging tree branches can be a nuisance, especially if they are constantly shedding leaves or fruits onto your property. over 2 metres tall. Neighboring trees may often become troublesome. Mr. Houlton owned a 90-foot tall banyan tree with foliage extending 100 to 110 feet from the trunk. 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. Any damage caused by weak, diseased, infested, or otherwise damaged trees wont be covered because its preventable. You may cut a branch, vine, or root of a neighbor's tree or other plant that extends onto your property, but only back to the neighbor's property line. If you choose to neglect the health of your tree(s), you can be held liable for all damages caused by that tree falling on your neighbors property or house. 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. 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. To increase your chances of a favorable outcome, it is highly advisable to seek the services of a lawyer who specializes in the laws surrounding tree removal in Maryland. 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). Here are some answers to frequently asked questions about trees and neighbors. However, sometimes the situation escalates and winds up in court or in the office of a mediator. Choose the policy you like then well do the hard work for youthat means handling all phone calls, paperwork, and renewals.. If your actions cause damage or ultimately kill a neighbors tree, you may be found liable for up to three times the replacement cost of the tree. 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 light of this right, the Court held that there was no right to file a negligence suit for the failure to keep a tree properly trimmed so that it does not extend over and . For example, if cutting the roots of a neighboring tree weakens the tree and falls, you will be responsible for any damage it causes. Then put the bag in the trash. 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. It has not been previewed, commissioned or otherwise endorsed by any of our network partners. Make sure to let the other person know that you expect the tree to be restored to its original condition.3. You might be entitled to compensation. If that fails you are almost certainly within your rights to clip it or snip it. Erin Eberlin is a real estate and landlord expert, covering rental management, tenant acquisition, and property investment. John, like many homeowners, strongly dislikes his neighbor's gigantic encroaching tree. 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. If a tree is directly on a property boundary, both owners share ownership of the tree. Your neighbor should also make any concerns or complaints about potential hazards from the tree known to you. *All trimming or pruning activities must be done in a way that promotes the health of the tree. You must inspect your property for signs of diseased or rotten trees on a consistent basis. 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. In Maryland, fences may be used to indicate the boundary. 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. My tree branches overhang my property in Maryland, My neighbor damaged my tree on my property in Maryland, My neighbors tree roots or branches damaged my property in Maryland. 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. Get an estimate in writing. Free Confidential Consultation. If the entire trunk is in the other yard, the neighbor owns the tree. 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. The Department provides or coordinates this service on a 5-7 year basis, in addition to removing dead trees as necessary. When you purchased your home, you likely had a survey done. The Maryland Department of Agriculture Gypsy Moth Program has more information. Why is it important to hire an expert just to remove a tree? In Maryland, its important to take the proper steps to ensure that your tree is compliant with local rules. 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. If you do damage the tree, you could be charged for up to 3 times the fee of the tree. If yes, contact the Montgomery County Department of Permitting Services (DPS) to obtain a permit . Again, these legal guidelines can fluctuate in every state, city, and county, so be sure to look up the precise regulation on your area. To dispose of the tree, each tree owner has to consent. Who Is Responsible For Fallen Tree Removal? Maryland offers tips (PDF, 27KB) on how to hire someone to remove, or trim, your trees. . 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. 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. 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. If your neighbor likes the shade, they can keep the mature growth on their side. Further, in the event that something does go wrong, a licensed tree expert is required to be appropriately insured and bonded. But since its not only you who is responsible for cutting overhanging branches, its best to talk with your neighbor before you begin cutting. The law allows tree trimming up to the property line, nothing further. Your right to self-help stops at your property line. 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. Yes. 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. If a tree trunk is on your own home, you're responsible for keeping it. You must take care, however, that any maintenance you perform on the tree branches does not damage the rest of the tree. Trees on private property are the responsibility of the homeowner. 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. In Maryland, a person who cuts down a tree on anothers land without consent may be guilty of conversion, or a tort. Who is responsible for cutting overhanging tree branches? Overall maintenance of the tree & potential hazards, The well-being of the overall tree is the. 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. 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. 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. Editorial Note: The content of this article is based on the authors opinions and recommendations alone. For a free confidential consultation contact Maryland property law attorney Stephen J. Reichert at 410-299-4959, sreichert@reichertlegal.com or by clicking here. 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. Situation 1. To verify a license, call the Maryland Forest Serviceor call 410-260-8531. Contact the police and file a report about the incident. Understand Your Rights as a Property Owner. The law further states there can be a fine levied if you cause damage to the tree. Who Is Responsible for Trimming Overhanging Tree Branches? Be careful when removing egg masses because the hairs on the mass can cause topical allergic reactions. 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