If I have a neighbor with a large tree hanging over my property, can I trim the limbs that are hanging over my property line up with or without asking permission?

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If I have a neighbor with a large tree hanging over my property, can I trim the limbs that are hanging over my property line up with or without asking permission?

Asked on April 5, 2013 under Real Estate Law, Maryland

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The law in most states in such a situation is that as the encroached upon landowner, you are entitled to cut back the tree branches to your property line (and no further). However, you should be aware that if you do so negligently, that is in such a manner has to cause damage, you could be held liable for the cost of a new tree and related costs (if the tree dies) or at least the cost to save the tree.

Note: Do not throw the trimmed limbs back onto your neighbor's property; it will be your responsibility to properly dispose of them.


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