The Balance Small Business is part of the. Overhanging Branches on Your Property 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. 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. Who Is Responsible for Cutting Overhanging Tree Branches, How to Tell if a Tree Is on Your Property. Laws on Overhanging Tree Branches. You will each be responsible for whatever portion of the tree is on your property. 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. When a tree on your property hangs over the boundary line into another yard, you have a duty to address all weak or damaged branches. Using this survey, you will be able to determine which trees fall within your property lines and which ones belong to your neighbors. Call 410-299-4959 or sreichert@reichertlegal.com, ©2012-2019 Law Office of Stephen J. Reichert, LLC, All Rights Reserved, Cutting Your Neighbor’s Tree Branches & Maryland Property Law. Situation 2. Profile. Even though the tree trunk is on your neighbor’s property, anything from the tree that falls onto your property is your responsibility. In this case, you may have questions about your rights regarding the portion of the tree that is on your property. If that fails you are almost certainly within your rights to clip it or snip it. 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. A handful of cities have a “view ordinance,” which states that a scenic view is an important part of a home’s value. You are responsible for making sure any tree on your property is healthy and there are no known hazards. If the entire trunk is in the other yard, the neighbor owns the tree. The practice of cutting overhanging branches is defined as ‘abating a nuisance’. The Queensland Government has an online step-by-step guide to resolving tree disputes.. This means that any parts of your neighbour’s tree you remove need to be returned to them. Will This Property Need to go Through Probate in Maryland? Overhanging branches or roots from a neighbour's tree coming on to your property can cause conflict. 3. However, some overhanging branches can only be removed from the other side of the fence. Posted on Aug 5, 2017. But the real question is, ... Technically your neighbour is responsible and you will be able to just throw the waste over their side of the fence. 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. Who is responsible for the tree? If any portion of a tree that was a known hazard falls and damages your neighbor’s property, you will likely be responsible. Under Maryland law, you are responsible for the proper care and maintenance of your trees and, if they become a nuisance, you may be liable for damages. Specifically, the Attorney General made clear that under Maryland law, the right or duty of a homeowner to cut a neighbor’s encroaching tree branches back to the property line depends on the condition of the tree and the nature of the abutting property. Overhanging branches, invasive root systems, and falling debris can all cause tensions between neighbors. However, if you’re the owner/occupier of land over which the branches of a tree overhang, you are generally entitled to chop back the branches to the boundary line. If you have a concern about overhanging branches or tree roots encroaching on your property, your first step should be to talk to your neighbour and see if you can resolve your concerns. You are responsible for the cost of cutting any branches you choose to trim. Some rare trees can be valued at tens of thousands of dollars. In certain cases, there may be a tree that is right on the edge of the property. Again, these laws can differ in each state, so be sure to look up the exact law in your area. The Neighbor – Your neighbor is responsible for the following: • The trimming or pruning of overhanging branches up to their property line* If you rent … Washington State Law On Cutting Down Trees. Generally speaking, you are liable for your trees and for any damage caused by their branches and roots, unless you can prove that the damage was caused by an unforeseeable event (superior force), such as violent winds that blow down the tree or its branches. You must look for any weak or damaged branches. If your tree or a portion of your tree falls onto your neighbor’s property and the tree was well maintained with no sign of disease or rot, any damage caused will be your neighbor’s responsibility. Generally, if a tree trunk sits on both you and your neighbor’s property, is owned by both of you, and you are both responsible for the tree. You are responsible for the cost of cutting any branches you choose to trim. The court will generally order overhanging branches are pruned and dangerous or unstable trees are removed. If a tree is in sound condition but falls over or drops limbs because of … How Long Do Creditors Have to Bill an Estate in Maryland? Branches of the neighbor’s … If your tree succumbs to disease, infestation, or dies for any reason, the responsibility to remove the tree is yours. To remove the tree, both property owners must consent. Day, evening and weekend appointments are available in office or at your residence; serving client throughout Maryland. But you need to make sure you are not breaking any tree maintenance says set out by your local council.. All councils have a Tree Preservation Order which is a set of regulations about the trimming and removal of trees. You could be held responsible for the damages it may cause if it should fall. For these reasons it is important to employ a competent tree surgeon or arboriculturist who could minimise risk and would take on the liability for the work (check they have public liability insurance prior to engagement of services). Whether you can cut your neighbor’s 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. Before cutting those branches I suggest you speak with a Maryland property law attorney. If it’s not protected, or you have a permit, you can cut back any leaves, branches or roots overhanging the boundary line. 9 Maintenance Tips to Winterize Your Property, Cleaning Up After a Loss May Cost More Than You Think, The 6 Property Maintenance Responsibilities of Landlords, How to Calculate the Fair Market Rent for Your Unit, How Landlords Can Prepare for a Winter Storm, Landlords Have to Watch Their Steps to Avoid Breaking the Law, Here Are Some Ways You Can Prepare Your Property for a Hurricane, Learn About Title Insurance and Get Tips and Insight Into the Pitfalls. It or snip it disease, infestation, or dies for any weak or … you are within your.. Or … you are responsible for making sure any tree on your property returned to.. Property lines and which ones belong to your neighbors valued at tens thousands! 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