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Oct 30, You may not enter your neighbor’s property to trim or remove a tree or other plant without first getting your neighbor’s consent. 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.

Jeanne Light-Buff on March 14, at pm.

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. Cutting Your Neighbor’s Tree Branches & Maryland Property Law. If you live in Maryland and own property, you own the property from the center of the planet to the useful area of sky above the land!

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.

Apr 04, Meadowbrook, Inc. A.2d (Md. ). The Massachusetts Rule generally limits a neighbor's remedy to “self-help” which means that when your land is invaded by branches and roots of trees, you may protect yourself there from by cutting them.

Can You Remove Branches from Your Neighbor’s Tree? Maryland has adopted the “Massachusetts Self-Help Rule” that says you must assume responsibility for the care and preservation of your own property. This means that you can cut branches that hang over onto your property. In Melnick v. C.S.X. Corp., et al., Md.A.2d, 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.

Instead, the landowner is limited to the self-help remedy of cutting. Mar 25, In the 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. Instead of researching the issue, the day laborer was turned loose on the trees like Jason in Friday the 13th. Except the trees. Trees and the Law: Neighbor-Related Disputes If you feel that your neighbor’s tree is a serious hazard to your property, first try to resolve your concerns with your neighbor.

You may also file a complaint about a hazardous tree on a neighboring property, by contacting MC through the online complaint form or by calling Can My Neighbor Force Me to Cut Down or Trim My Trees. Law Details: It is always best to check if there are any local laws about cutting a neighbor’s trees, but generally, most state and local laws permit you to prune parts of your neighbor’s tree that cross the property line into your side without asking your may only prune up to the property line and must stay on your.

Nov 28, This chart highlights some of Maryland state laws relevant to property line and fence disputes. Your dispute may also be governed by county, city or home owner association rules that are not listed here. State Statutes. Maryland § Harm trees of another.

Garcia v.

Maryland Code § Criminal trespass. Maryland Code § Action to quiet title.

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