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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption