Find out where the company or person has done work similar to the work you are requesting. Within Montgomery County, there are many incorporated cities, towns, and villages. 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. 5. Throughout the United States, there are a few cities with view ordinances. These ordinances state the importance of the view to the value of the property. 3% service charge for using You could be held responsible for the damages it may cause if it should fall. This guide covers the factors that go into tree trimming (pruning) and will help you make a more informed decision about hiring a professional tree service. Hopefully, you wont experience any significant damage to your home and belongings, but if you do, it pays to have a solid, Put your home insurance on autopilot with, . Who is responsible for cutting overhanging tree branches? Overhanging Tree Branches. If the tree is in an historic area designated by the Montgomery Planning Department, then contact them to determine if a Historic Area Work Permit is required to remove the tree. In certain cases, there may be a tree that is right on the edge of the property. It is the responsibility of the owner of a tree to prune branches that stick out and that go beyond the boundaries of a neighbor. While these individuals may appear to be offering lower costs for tree care services, be assured its no bargain. 20311 SE 240th St SE This situation can create a legal problem for both parties, so its important to take action right away.First, its essential to accurately determine the boundary line between your and your neighbors properties. You must also validate the law on your county or town to determine if specific regulations might also be in practice to favor you. Your neighbor can trim, cut, or alter any portion of the tree overhanging onto their property line as long as it doesnt compromise the tree's overall well-being. . 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. You must take care, however, that any maintenance you perform on the tree branches does not damage the rest of the tree. When you purchased your home, you likely had a survey done. 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. Cutting those branches too far back or during the wrong time of year can easily damage the tree. You shouldnt go onto the neighbor's property to cut the tree branches, or even trim the overhanging branches on their side of the fence. Further, in the event that something does go wrong, a licensed tree expert is required to be appropriately insured and bonded. 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. Anyone who is required to obtain a sediment control permit from Montgomery County is required to comply with the Tree Canopy Law . Who is responsible for overhanging tree branches? Why is it important to hire an expert just to remove a tree? Erin Eberlin is a real estate and landlord expert, covering rental management, tenant acquisition, and property investment. If your neighbor doesn't remove the dangerous tree, and the tree does in fact cause damage, your neighbor may be held liable. It is always recommended that you search for your citys tree ordinances to fully inform yourself. The law allows tree trimming up to the property line, nothing further. If yes, check with your home owners association or civic association directly. Expert Answers: 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. was wonderful! Any Licensed Tree Expert will carry a card that contains their three digit expert number and verifies their status as being licensed. In general, if any part of the tree's trunk is on your property, you are the owner. Ideally, the best way to resolve any issue you may have with overhanging trees would be to speak directly with your neighbour. If a tree trunk is on your property, you are responsible for maintaining it. There are a few things to cover to better understand the answer to this question. Do I need to compensate them? The short answer, therefore, is that a Neighbour is entitled to cut back any tree branches which overhang their property, and in doing so are not obliged to give notice to the adjoining owner. 12850 Highway 9, Ste 600-311, Alpharetta, GA 30004 But for many homeowners, that phrase might be better if fences is replaced with trees. WHO IS RESPONSIBLE FOR OVERHANGING TREE BRANCHES. If no imminent danger exists, you may suggest to your neighbor to remove the dead tree despite the lack of requirement. A friendly discussion may result in an amicable arrangement to everyone's satisfaction. Do I Need a Permit to Remove My Tree? You can ask them if theyd like to pick the fruit on your side to avoid conflict. Who is responsible for trimming and maintaining trees in our HOA? You may also want to do further research on tree laws in Maryland to ensure that you know your rights in such a situation. This might involve pruning the tree regularly and/or adding fencing to keep the limbs from entering your neighbors yard.Having a tree that hangs over your neighbors property can be a tricky situation. If a neighbor has unexpectedly cut down your tree without your permission in Maryland, it is important to take decisive action. If your neighbor likes the shade, they can keep the mature growth on their side. Often, a friendly chat can solve these differences. Dont accept liability for a tree or its overhanging branches without clarifying responsibility. 4. Contact a lawyer for legal advice to determine if you can file a civil suit for damages and monetary compensation. Maple Valley, WA 98038. Can I force a neighbor to cut down the branches of a tree hanging over my property? In the rare case that a tree is growing directly on the property line, ownership and responsibility of that tree are equally shared between you and your neighbor. This is called the 'right of abatement', and is done at your cost unless otherwise agreed. When you visit the site, Dotdash Meredith and its partners may store or retrieve information on your browser, mostly in the form of cookies. Under the "Massachusetts Rule," a landowner's right to protect property from encroaching limbs and roots of an adjacent property owner's trees is limited to self-help (i.e., cutting-off branches and roots at the point they cross the property line). (770) 837-0358 This fine could be as high as three times the estimated value of the tree. If a criticism is filed with the city, the city may also require you to remove the tree, or they will even come to remove it themselves. Depending on the size and type of the tree, the typical replacement cost can be anywhere from $500 to $3000. Read MDA's overview of eastern tent caterpillars including more information about how to control them. Marylands common law is specific on trees that border property lines.Under Maryland common law, each homeowner is responsible for taking reasonable care to not harm the adjoining neighbors tree. Under that doctrine, the neighbor could obtain title to your propertyif 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 you agree on tree trimming that doesnt damage the tree and makes you both happy youve successfully reached an agreement to keep you out of court and save money. According to the Maryland Department of Natural Resources, Property owners are responsible for properly managing trees on their property and mitigating hazards posed by trees. Your neighbor should also make any concerns or complaints about potential hazards from the tree known to you. Arborists see situations like these all the time. An exception to this general rule is that the owner of the property where the tree originated may be responsible for damage to a neighbors property if the owner knew, or had good reason to know, that the tree presented a danger to adjoining properties. Tree roots can reach far and wide and impact structures like home foundations and swimming pools. Wagner, a Pennsylvania Superior Court held that overhanging tree branches constitute a trespass. However, any part of the tree that overhangs or overlaps someone else's property becomes that owners responsibility., If Neighbor Ted planted a tree a few years back and the branches are now overhanging onto your property, are those your branches now? If that fails you are almost certainly within your rights to clip it or snip it. Fill out our quick survey for more information. where the base of the tree is, owns the tree and is responsible for it, but is not necessarily responsible for felling the tree or pruning branches that overhang their neighbours' (your) property, even if these are seen to be . Be sure to research your rights and explore all options before making any decision about the tree. You may not enter your neighbor's property to trim or remove a tree or other plant without first getting your neighbor's consent. A tree from HOA common area hangs over my property line. Be sure to read the contract carefully and make sure it includes information on when the work will be started and completed, who is responsible for clean-up, and the total price and an hourly rate if more work needs to be done. For example, if cutting the roots of a neighboring tree weakens the tree and falls, you will be responsible for any damage it causes. Once you know the limitations imposed by these ordinances, you can select the appropriate species to plant. If you do damage the tree, you could be charged for up to 3 times the fee of the tree. 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. You can reach us at (770) 933-9009 or via our contact page. Many arborists have more than one qualification. 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. My husband and I got the lowest rate (much lower than the rates I was finding online through my own searches), quickly, and pretty much all through text message! It may cost more to hire an arborist, but its a good way to make sure that your decision is backed up by an expert opinion.Ultimately, the decision of whether to cut down the tree lies with you. Learn more about how to file a case. In Montgomery County, and all of Maryland, when a tree or its branches fall it is considered an Act of God. 2. Your right to self-help stops at your 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. If your neighbor in Maryland cuts the tree on your property without permission, it is important to act right away. A lawyer will be able to guide you through the legal process and ensure that your rights are protected. If yes, contact the Montgomery County Department of Permitting Services (DPS) to obtain a permit . As you might expect, tree laws are vague and often very dated. 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. If you answer yes to any of these questions, you may need a permit to remove an individual tree: If yes, contact the Maryland Department of Natural Resources Forest Service to obtain a "Roadside Tree Project Permit". Several statutes exist to protect trees and the right to grow the vegetation of your choice on your property. Known Hazards You must inspect your property for signs of diseased or rotten trees on a consistent basis. Licensed Tree Experts are required to enter into a written contract with each client. Can I Throw My Neighbors Tree Branches Back in Their Yard? If the tree was already in need of pruning, and the damage could have been avoided, the neighbor can be found responsible for damages. Can I throw my neighbors tree branches back in their yard? If you prefer not to have shade in that particular spot you can trim the branches on your side. This survey will show you the boundaries of your property. The tents of eastern tent caterpillars are unsightly but rarely cause damage to trees. Discuss the problem and see if you can come to an agreement on how to fix it. If your tree or a portion of your tree falls on your neighbors property and the tree has obvious signs of disease or rot, or if your neighbor had filed a complaint with the town or with you about the hazard, you may be liable for any damage caused. Im wondering if the R1200S was a rare motorcycle or if it was very popular. Such accidents are normally covered by the affected owners insurance, and are usually resolved by reporting a claim. Tree Liability in Maryland, DC, and Virginia. The Whitesells asked Mr. Houlton repeatedly over a two-year period to trim the tree, and they took it upon themselves to do so at various times. 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