First of all imagine a large oak growing over the property line. If you suffer any damage from the overhanging branches, the neighbor is not liable because your remedy is to trim the encroaching branches. The rights of a property owner to remove or trim their neighbor’s trees. (To learn more about damages and criminal penalties in tree injury cases, see Nolo’s article When a Neighbor Damages or Destroys Your Tree.) If limbs or branches belonging to a neighbor's tree extend over your property line, you are legally allowed to trim the areas hanging over your property. Can I cut down the branches of a neighbor’s tree that is hanging over my property? The tree canopy is huge. 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. Massachusett's Homeowners Rights on Trees Overhanging Property Lines. A tree cutter would be hired and generally would cut and remove all of the tree materials on your property up to the property line. In this case you must contact your local authority. Property owners in every state have the right to cut off branches and roots that stray into their property, in most cases this is the only help that is provided by the law, even when damage from a tree is substantial. While Washington, DC formerly followed the same “Massachusetts Rule” that Maryland follows, Washington, DC decided in 1960 to follow a slightly different rule. This article covers some common questions and answers regarding the rights and duties of neighboring land owners. The law is unclear on whether landowners can remove a tree themselves when it sits on a property line. If my neighbor owns a fruit tree, and the branches hang over my property… In England and Wales the authorities have powers to act against potential damage-causing trees on private property. Homeowners can refuse this, but the authorities are within their power to remove the trees without consent. Understanding UK law relating to trees can help everyone grasp the rights and responsibilities of tree ownership. Can I go onto my neighbor's property to perform needed repairs to my own property without his or her consent? Hiring an attorney is an important decision which should not be based solely on advertising. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. The law is unclear on whether landowners can remove a tree themselves when it sits on a property line. This will keep you safe from any legal action. This tree danger determination was new law in Virginia. 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. Property owners in every state have the right to cut off branches and roots that stray into their property. When a neighbors tree branch is over hanging an adjoining property line, the adjoining property owner has an absolute right to cut the branch up to the property line. Courts have upheld that a homeowner’s tree rights extend indefinitely upward on his property line, and those rights are protected from invasion by an adjoining landowner. In Texas, a person is not under an affirmative duty to prune or trim a healthy tree when its branches extend over his neighbor’s property, even if the tree branches extend over the neighbor’s roof or driveway where cars are parked. Your neighbor would technically have the right to prune any portion of your tree that passes over that imaginary line, so long as it does not damage your tree. 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. Phone: (301) 291-5027 Situation 2. In Melnick v. C.S.X. While the homeowner may be permitted to cut his neighbor’s encroaching branches, the homeowner is generally limited to cutting back growth the property line and the homeowner may not enter the adjoining homeowner’s property to remove the growth without the neighbor’s consent. Does a homeowner have a similar right? If the trunk of the tree is on the property line you jointly own the three with your neighbor. Usually this… Under that doctrine, the neighbor could obtain title to your property if they possess the property for a 20 year period, and such possession is actual, open, notorious, exclusive and adverse to your claim of ownership. If the trunk stands partly on the land of two or more people, it is called a boundary tree, and in most cases it belongs to all the property owners. Courts have upheld that a homeowner’s tree rights extend indefinitely upward on his property line, and those rights are protected from invasion by an adjoining landowner. If you do harm the tree, you could be found liable for up to three times the value of the tree. Learn more about how to file a case. Neighbor law. 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. 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. 10411 Motor City Drive Trees Along Property Lines Overhanging branches, invasive root systems, and falling debris can all cause tensions between neighbors. We use cookies to give you the best possible experience on our website. Once a property boundary has been crossed, a neighbor's trees can impact one's own property, causing damage to fences, sidewalks and other structures. ... and cut off vines and branches hanging over my fence. You cannot cut down the tree without getting the permission of your neighbor. We invite you to contact us and welcome your calls, letters, and electronic mail. In general, the issues that can develop from fallen trees, dangerous trees, or hazardous trees include: Questions related to tree-damage liability were recently addressed by former Maryland Attorney General Douglas Gansler, whose office was asked to provide written clarification about the state of Maryland law in this area. If a neighbor’s tree encroaches over the property line and presents a danger to the homeowner, the burden is on … times when the population was far less densely concentrated than at present, and more often engaged in agriculture. Safety: Do not climb trees or trim trees that are located near power lines without taking necessary precautions first. Basic real property law provides that the property boundary goes straight up into the sky and that each property owner has the right to cut down any branches or anything which hangs over onto one's real property. Instead of researching the issue, the day laborer was turned loose on the trees like Jason in Friday the 13th. However we do not provide legal advice - the application of the law to your individual circumstances. A sapling planted 15 feet in from a property line in 1970 could today have branches, limbs or roots that extend far over the owner's property line. If limbs or branches belonging to a neighbor's tree extend over your property line, you are legally allowed to trim the areas hanging over … The law allows you to take the branches from your side of the property line, but should you take one splinter more or stray by so much as a fraction of an inch into your neighbor’s yard, you are committing a trespass and could find yourself liable. If you are unable to reach an agreement with your neighbor regarding the removal of the fence, you can file a complaint in the circuit court that requests an injunction as relief. A reader wrote asking for more information about tree liability: "Yes, by law you or I can cut back to the property line anything that hangs in or over our property … It extends way over the property line, over your yard or even your house. For example, in Hensley v. Montgomery County, the Maryland’s Court of Special Appeals found that the owner of rural or suburban forest land is not liable for the damage done by dead tree limbs falling onto property unless the tree constitutes a “danger to lawful users of abutting public roads and the owner is aware or should be aware of the tree’s deteriorated condition.” The court differentiated the difference between a rural owner (such as Potomac, Maryland) and an urban or suburban owner (such as Rockville, Maryland or Bethesda, Maryland), But what duty does the rural landowner have relative to learning the health of his rural trees? In Cline v. Dunlora South, LLC, the court specifically stated “this Court has never recognized, nor do our precedents support, a ruling that a landowner owes a duty to protect travelers on an adjoining public roadway from natural conditions on his or her land.”. Your neighbors have a duty not to trespass on your property, and this may include overhanging tree branches or other plants extending from the neighbor’s property onto your property. Maryland does not have a specific law defining and regulating boundary fences, but there might be a local ordinance (in your city, county, or town) that has rules on boundary fences. One of the most common issues homeowners face is when a tree's roots or branches extend over the property line onto a neighbor's adjoining property. In a clarification decision in 2012, the Virginia Supreme Court decided not to extend the Fancher ruling to rural settings. 3 One month later, Gary Stocks and Daniel Kirchner of North Carolina were killed in an alleged tree dispute between neighbors. Can I force a neighbor to pay for cleaning out my gutters clogged with leaves from his or her tree? Your neighbor has that old maple tree right near the property line. The rights of a property owner to legally force the removal their neighbor’s trees. Trees and other growth from a neighboring property can often cause damage and legal risk to a landowner/homeowner. Sunday May 13, 2007 at 12:01 AM May 13, 2007 at 12:52 PM. Rules, Title 15, Chapter 500, This site offers legal information, not legal advice. An unauthorized entry onto the land of your neighbor constitutes a trespass for which your neighbor could seek damages against you. If you damage the structure of a neighbor's tree, you may be liable for damages. One often-overlooked legal issue related to storms and property damage in Maryland, Virginia, and DC is potential legal liability related to tree damage, at risk trees, or fallen trees. Suite 750 #6E That's right, even if the tree is rooted in your neighbor's yard, if it crashes onto your property, it's your problem. The rights of a property owner to remove or trim their neighbor’s tree roots. 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. Consult Request. Under the law, trees are considered a part of the property and landowners have a right to that tree, even if it is only halfway on the property. Neighbors have the legal right to trim any hanging tree limb that crosses over their property line. In Melnick v. C.S.X. Bethesda, MD 20817 That's right, even if the tree is rooted in your neighbor's yard, if it crashes onto your property, it's your problem. Act of God. Because of this, it is best practice to get a neighbor’s permission before removing any tree that sits on the property line. And a shrub or hedge not exceeding 2 m (6 ½ feet) in height must be planted at least 50 cm (20 inches) from the property line. Trees add structure and drama to a garden but their size and potential to cause nuisance or damage means they can sometimes be a worry. You may not go onto the neighbor's property or destroy the tree. Branches of the neighbor’s tree hang in my yard. Feel free to ask to speak with one of our two real property litigators directly: Adam Van Grack or Theodore Kiviat. If Maryland does not have such a law, general Maryland criminal statutes, such as those related to theft or property damage, may still apply. For legal advice, you should consult an attorney. 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. You are responsible for the cost of cutting any branches you choose to trim. Corp., et al., 312 Md. Your neighbors have a duty not to trespass on your property, and this may include overhanging tree branches or other plants extending from the neighbor’s property onto your property. According to common law in Connecticut, it’s your legal responsibility to make sure that the trees on your property don’t pose an “unreasonable danger” to others. 511, 540 A.2d 1133 (1988), the Maryland Court of Appeals held that a landowner does not have a cause of action against an adjoining landowner when trees, vines, roots, and other plants or plant debris from the adjoiner’s property encroach upon and cause damage to the landowner’s property. Again, these laws can differ in each state, so be sure to look up the exact law in your area. You may be violating local law if your tree (no matter how beautiful) presents a hazard to your neighbor (for example, if dangerous limbs hang over the neighbor’s property), violates any height limits or view ordinances, or straddles the property line. Property owners in every state have the right to cut off branches and roots that stray into their property. A sapling planted 15 feet in from a property line in 1970 could today have branches, limbs or roots that extend far over the owner's property line. Fax: (301) 291-5028 If any limbs extend over the property line, they fall into that neighbor’s jurisdiction. But he cannot cut the tree down or cause it to be killed. He should get out his saw. In 2007, the Supreme Court of Virginia made a ruling that differs from the general rules in Maryland and Washington, DC related to tree liability and tree damage in Virginia. Instead, you should first obtain your neighbor’s consent before entering their property. If you 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. Fruit that’s still on your neighbor’s tree belongs to your neighbor, even if the branch it’s attached to is hanging over your property. So your neighbor has been nicely asking that the overhanging branches be cut by you, or that you cut down the tree, depending on how much of the tree is overhanging. So, if your tree falls in Maryland, you may have liability depending on (a) where the property is located, (b) whether you knew that the tree was dead or dying, (c) whether you should have known about the danger, and (d) whether you had taken reasonable steps to prevent the accident. In the 2012 case of Rony v Costa, a property owner hired an unlicensed day laborer to trim limbs that crossed his property line from a neighboring tree. Tree laws and tree lawsuit can be significant in Maryland, Virginia, and Washington DC. If the entire trunk rests on one side of the property line, that neighbor has ownership regardless if branches, roots, foliage or any other portion of the tree hangs over the property line. You should also check with your county and municipality to see whether they have other requirements you must follow in order to trim or remove a roadside tree. Accordingly, while in Maryland, an owner of rural or suburban forest land may likely not be liable for damage done by dead tree limbs falling onto the property or persons of others unless the tree constitutes a danger to lawful users of abutting public roads and the owner is aware or should be aware of the tree’s deteriorated condition, a urban homeowner may very well be liable for the same injury since the owner will likely have far fewer trees to inspect and, therefore, is seen to have a duty to know about the existence of dead or decaying trees on the owner’s urban property. What can I do? As a storm approaches or yearly growth increases, are you prepared for what could happen with your trees? Trees located on a boundary line are considered joint property, and no single neighbor can decide to remove the tree. Or your neighbors’ trees? It is essential that you determine the location of your property line. Each landowner has an interest in both boundary and border line trees. Thus landowners in Maryland are provided with certain legal rights to themselves control their neighbor’s living trees, plants, roots, or vines that have encroached on their land within Maryland. Law #1 :: Any part of your tree that goes over your neighbor’s fence is technically theirs. Trees that start out on your property but grow over the boundary between your property and your neighbor’s property become the joint property of you and your neighbor under Washington state law. With Offices in Maryland (Rockville or Bethesda), and Washington, DC, the attorneys at Longman & Van Grack assist clients throughout Washington, DC and Maryland including Montgomery County, Howard County, Prince George’s County, Chevy Chase, Darnestown, Gaithersburg, Germantown, Potomac, Silver Spring, and Wheaton. Maryland in a dispute over who owned three trees.2 One year later, in March 2013, Emmy Award-winning film director John Upton was shot during a dispute when his neighbor attempted to cut down trees that provided shade to Upton’s property. The law allows tree trimming up to the property line, nothing further. Although Maryland has had no court case dealing with an invasive species, Maryland’s courts seem to be limiting all plant overgrowth cases to self-help, meaning a neighboring landowner will bear the burden of stopping overgrowth on his/her property. Under the guidelines of the civil code, the trunk of the tree determines the legal owner. 1988); Dudley v. Meadowbrook, Inc. 166 A.2d 743 (Md. What a person’s rights and obligations are as they pertain to their trees or the trees of the neighbors depends upon state law. 8:30 am - 8:00 pm, Mon - Fri, From MD Legal Aid; Edited by www.peoples-law.org/contributors. However, the law only allows tree trimming and tree cutting up to the property line. Washington, DC has less guidance than Maryland regarding tree damage liability. This legal right in Maryland is referred to as “self help.” While self-help is often the remedy to be used by a neighbor in the face of an encroaching living tree, such a remedy is not always the case. The Law. Melnick v. CSX Corp., 540 A.2d 1133 (Md. Longman & Van Grack’s litigation attorneys consist of lawyers who have handled many different types property lawsuits, tree disputes, tree damage lawsuits in many courts throughout Maryland, Virginia, and Washington, DC. Branch of the law: Rules about trees that straddle property lines rooted in common courtesy . However, neighbors may only cut the limb back to the property line and may not enter their neighbor's property for further cutting without permission. An injunction is a court order directing someone to do OR not to do a particular thing. You may not enter your neighbor’s property to trim or remove a tree or other plant without first getting your neighbor’s consent. or branches of the trees extend over the line (Bloch [Tree Law Cases in the USA]). Options for tree maintenance near service wires or between poles on or near your property are explained below. In most cases this is the only help that is provided by the law, even when damage from a tree is substantial. There are some things to consider if you have a problem with a tree on a shared property line: In this situation, Maryland has adopted the “Massachusetts Rule” and D.C. has adopted a slightly modified version thereof. Neighbor's Trees Trees and neighbors and the law. My neighbor has put up a fence that goes over my property. Trees and Property. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. In most cases this is the only help that is provided by the law, even when damage from a tree is substantial. You can not make your neighbor do it or pay for it. Maryland in a dispute over who owned three trees.2One year later, in March 2013, Emmy Award-winning film director John Upton was shot during a dispute when his neighbor attempted to cut down trees that provided shade A landowner can still be held liable where dead or dying tree limbs from trees on his property injure others. To remove the tree, both property owners must consent. Can I force a neighbor to cut down the branches of a tree hanging over my property? The Fancher court clarified that its prior rule was for. Our tree dispute and property dispute attorneys have handled tree lawsuits and property lawsuits in Montgomery County Circuit Court (Rockville, MD), Prince George’s County Circuit Court (Upper Marlboro, MD), Howard County Circuit Court (Ellicott City, MD), Frederick County Circuit Court (Frederick, MD), Baltimore County Circuit Court (in Towson, MD), and DC Superior Court (in Washington DC). The rights of a property owner when a neighbor’s tree, tree limb, or roots damages their property. 'S tree, you may be dangerous or may cause damage, they take! Landowner can still be held liable where dead or dying tree limbs trees. Adopted the “ Massachusetts rule ” and D.C. has adopted the “ Massachusetts rule ” and has! Legal risk to a landowner/homeowner and border line trees in an alleged dispute... Overhanging property lines rooted in common courtesy rules about trees that straddle property lines any from... 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