If the neighbor's tree is near the property line, but not actually crossing it, no trimming can take place by the other neighbor without first obtaining permission to do so. Consult Request. Branch of the law: Rules about trees that straddle property lines rooted in common courtesy . You cannot cut down the tree without getting the permission of your neighbor. The potential legal liabilities of property owners when their trees threaten or actually cause damage to their neighbor’s property. So, Maryland residents are required to cut any offending vegetation at their own risk and expense at the property line… In Fancher v. Fagella, the Virginia Supreme Court held that where a neighbor’s tree causes harm or poses an imminent danger of harm to an adjoining property, the tree owner “may be held responsible” for this harm. The rights of a property owner to remove or trim their neighbor’s tree roots. 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. 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 a clarification decision in 2012, the Virginia Supreme Court decided not to extend the Fancher ruling to rural settings. An exception to this, attorney Steve Goldman with … Now if the tree in question isn't dangerous, but just needs a major trimming to avoid hanging into your yard or scattering leaves everywhere, that's a … You can cut back anything up to your property line. 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. 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. 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. 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. Tree laws and tree lawsuit can be significant in Maryland, Virginia, and Washington DC. 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 … Read the Rules: Md. Trees located on a boundary line are considered joint property, and no single neighbor can decide to remove the tree. 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. As a storm approaches or yearly growth increases, are you prepared for what could happen with your trees? 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. Act of God. 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. 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. Trees located on a boundary line are considered joint property, and no single neighbor can decide to remove the tree. 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. The rights of a property owner to remove or trim their neighbor’s trees. You can not make your neighbor do it or pay for it. The Hensley court noted that the general rule was that the rural landowner did not have a duty to inspect rural trees abutting public roads for dead or decaying limbs due to the practical difficulty of doing so, however, in a more urban setting, since the landowner may only be responsible for a few trees (which can be more easily inspected), there will exist a duty to use due care to protect others from damage or injury caused by dead or decaying trees. In the absence of file-specific attribution or copyright, the Maryland Thurgood Marshall State Law Library may hold the copyright to parts of this website. Can I force a neighbor to cut down the branches of a tree hanging over my property? Hiring an attorney is an important decision which should not be based solely on advertising. ... and cut off vines and branches hanging over my fence. That's right, even if the tree is rooted in your neighbor's yard, if it crashes onto your property, it's your problem. Tree roots that cross over a neighbor's property line cannot be cut, uprooted or in any way destroyed unless the roots are causing damage to that neighbor's property. 1988); Dudley v. Meadowbrook, Inc. 166 A.2d 743 (Md. This article covers some common questions and answers regarding the rights and duties of neighboring land owners. Property lines extend from the ground up into the sky. 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. Because of this, it is best practice to get a neighbor’s permission before removing any tree that sits on the property line. Law #1 :: Any part of your tree that goes over your neighbor’s fence is technically theirs. Can I cut down the branches of a neighbor’s tree that is hanging over my property? 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. 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. All the owners are responsible for caring for the tree, and one co-owner may not remove a healthy tree without the other owners' permission. Legal. In most cases this is the only help that is provided by the law, even when damage from a tree is substantial. 8:30 am - 8:00 pm, Mon - Fri, From MD Legal Aid; Edited by www.peoples-law.org/contributors. 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. Usually this… (To learn more about damages and criminal penalties in tree injury cases, see Nolo’s article When a Neighbor Damages or Destroys Your Tree.) 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. This can require a survey, which could be expensive. In fact, in a 1988 decision, the Maryland Court of Appeals specifically held that a landowner could not bring a lawsuit against a neighbor whose trees and other vegetation encroached and damaged his property. Tree removal has been the subject of a lot recent legal and litigation discussion. 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. Again, these laws can differ in each state, so be sure to look up the exact law in your area. 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. Neighbor law. We make every effort to ensure the accuracy of the information and to clearly explain your options. 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. The Law. To remove the tree, both property owners must consent. Only if those branches extend into your property line. If the entire trunk is in the other yard, the neighbor owns the tree. Under the guidelines of the civil code, the trunk of the tree determines the legal owner. This will keep you safe from any legal action. We use cookies to give you the best possible experience on our website. That was the case for Phyllis J., a Davey blog reader from Arizona who wrote about a palm tree that sits on the corner of her lot. In most cases this is the only help that is provided by the law, even when damage from a tree is substantial. If my neighbor owns a fruit tree, and the branches hang over my property… Or your neighbors’ trees? Does a homeowner have a similar right? Instead, you should first obtain your neighbor’s consent before entering their property. 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. The law is unclear on whether landowners can remove a tree themselves when it sits on a property line. However, before you take this step, it important that you first get an order from the district court to do the trimming or cutting of the overhanging tree. In 1960, the highest court in Washington, DC stated in Dudley v. Meadowbrook, Inc.: We think the sound and practical rule is that liability in such cases is to be determined by the test of negligence and that a landowner should be held to the duty of common prudence in maintaining his property, including trees thereon, in such a way as to prevent injury to his neighbor’s property. Then imagine your surveyor properly locates the boundary and you set up one of those rotating red lasers on the line. In Melnick v. C.S.X. The Fancher court clarified that its prior rule was for. Options for tree maintenance near service wires or between poles on or near your property are explained below. 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. The laws clearly state that if the tree trunk is in one person's property and the branches overhang into another person's property, the other property owner has all rights … An unauthorized entry onto the land of your neighbor constitutes a trespass for which your neighbor could seek damages against you. 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. Homeowners can refuse this, but the authorities are within their power to remove the trees without consent. Trees and other growth from a neighboring property can often cause damage and legal risk to a landowner/homeowner. Situation 2. It extends way over the property line, over your yard or even your house. Self-Sown Trees 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? If Maryland does not have such a law, general Maryland criminal statutes, such as those related to theft or property damage, may still apply. Thus, if a tree falls in Washington, DC on a neighboring property, the ordinary laws of negligence will apply. This means that if a tree is overhanging into your property, you can cut the branches up to your property line without encroaching into your neighbor's property. 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. Melnick v. CSX Corp., 540 A.2d 1133 (Md. Most trees have a replacement value of between $500 and $2500. 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. In this situation, Maryland has adopted the “Massachusetts Rule” and D.C. has adopted a slightly modified version thereof. As a general rule of law, you can trim back any part of any tree that is hanging over/encroaching into your 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. That means if you have a tree on your property that’s unhealthy, rotting, or generally unsafe, and is close enough to a neighbor that it puts them or their property at risk, you’re liable if anything goes wrong. Suite 750 #6E He should get out his saw. If a neighbor’s tree encroaches over the property line and presents a danger to the homeowner, the burden is on the homeowner to protect his property by cutting the invading branches and roots to the extent that they protrude on the homeowner’s property. You cannot cut down the tree without getting the permission of your neighbor. 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 In Melnick v. C.S.X. 10411 Motor City Drive That's right, even if the tree is rooted in your neighbor's yard, if it crashes onto your property, it's your problem. 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. 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. Instead, the landowner is limited to the self-help remedy of cutting encroaching branches, vines, and roots back to the property line … 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. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Trees Along Property Lines Overhanging branches, invasive root systems, and falling debris can all cause tensions between neighbors. If you have a dead tree on your property, cutting it down could be a smart move. If the trunk of the tree is on the property line you jointly own the three with your neighbor. You may not enter your neighbor’s property to trim or remove a tree or other plant without first getting your neighbor’s consent. Article from 2014. Sunday May 13, 2007 at 12:01 AM May 13, 2007 at 12:52 PM. 1961). times when the population was far less densely concentrated than at present, and more often engaged in agriculture. 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. If you damage the structure of a neighbor's tree, you may be liable for damages. Rules, Title 15, Chapter 500, This site offers legal information, not legal advice. Learn your rights and responsibilities regarding trees on neighboring properties © Maryland Thurgood Marshall State Law Library, 2021.”, 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 The law allows tree trimming up to the property line, nothing further. What can I do? What a person’s rights and obligations are as they pertain to their trees or the trees of the neighbors depends upon state law. Your neighbor has every right to remove the part of the tree growing over his property. Phone: (301) 291-5027 Trees and Property. Following the Dudley case Washington, DC courts simply ask, if necessary: “Did plaintiff make out a prima facie case to show that defendant landowners had been negligent?” This DC rule was supported by the same highest court in the 2008 case of Tolu v. Ayodeji. The law is unclear on whether landowners can remove a tree themselves when it sits on a property line. When branches or roots belonging to a neighbor's tree hangs over your property, you have a right to trim it back to the property line. First of all imagine a large oak growing over the property line. 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. 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. In other examples, our law firm has represented individuals against governments related to tree hazards/damage and against neighbors for tree hazards/damage. If you suffer any damage from the overhanging branches, the neighbor is not liable because your remedy is to trim the encroaching branches. 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. Additional Damages and Criminal Penalties for Intentional Damage to Trees in Maryland. 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. Except the trees were the unlucky cabin campers. You are responsible for the cost of cutting any branches you choose to trim. 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.”. Some encroaching trees may be dangerous or may cause damage to property. 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. Situation 3. A landowner can still be held liable where dead or dying tree limbs from trees on his property injure others. Where a healthy tree straddles the property line, the property owners "each hold title to a portion of [the tree], and thus neither can take any action against their portion of [the tree] that would injure [the tree] as a whole." 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 … If your property backs onto a road and has a problem with overhanging trees, it’s possible the Highways Agency might ask you to remove them. 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. There are trees on my property line that are hanging over on towards my side.they are endandering my home and family.do - Answered by a verified Lawyer . While Washington, DC formerly followed the same “Massachusetts Rule” that Maryland follows, Washington, DC decided in 1960 to follow a slightly different rule. 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. 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. 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. Contacting us does not create an attorney-client relationship. Learn more about how to file a case. 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. The first thing to do is check the laws about tree overhanging the property line. 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. Being living organisms, trees grow and spread over time. 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. In England and Wales the authorities have powers to act against potential damage-causing trees on private property. 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. Under Maryland law, there is no cause of action available to you for the cost of cleaning your gutters of the leaves which have fallen from your neighbor’s trees. This will only be necessary if the trees are blocking the road or causing obstruction. Relying on the easements granted to them many years ago, the utilities are often permitted to remove trees that they deem to be a future threat to their power lines. I find a distance of only 2 m (6 ½ feet) between a really large tree and the boundary line a bit thin, but at least the law is clear. Now, a lot of people ask us why they should have to pay to trim a neighbor’s shrubs and trees hanging over their property. The Maryland Thurgood Marshall State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. 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 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. In this case you must contact your local authority. Understanding UK law relating to trees can help everyone grasp the rights and responsibilities of tree ownership. Bethesda, MD 20817 Can I go onto my neighbor's property to perform needed repairs to my own property without his or her consent? Branches of the neighbor’s tree hang in my yard. 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. If you damage the structure of a neighbor's tree, you may be liable for damages. But he cannot cut the tree down or cause it to be killed. 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. Overhanging Branches on Your Property. It is essential that you determine the location of your property line. For legal advice, you should consult an attorney. 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