You are responsible for the cost of cutting any branches you choose to trim. If you have tried talking to your neighbour but the matter remains unresolved, you can provide them with a notice to remove particular branches.. You are responsible for the cost of cutting any branches you choose to trim. Tip Top Arborists, Inc. has been licensed and fully insured for tree trimming, tree removal and stump grinding since 1976 in Antelope Valley, Santa Clarita Valley, Victor Valley and Tehachapi Valley. 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. If you do not have an existing property survey, or are unable to tell with the existing survey you have, you may have to have a new survey done and have the surveyor physically mark out the boundaries of your property. The owner of the tree that any cuttings come from is considered the owner of those cuttings. Branches Hanging Over Your Yard If the trunk of a tree is located in your neighbor’s yard, but branches extend onto your property, the neighbor is … You should return the cuttings in a way that doesn’t damage the neighbour’s property or cause litter, otherwise you are … The court will generally order overhanging branches are pruned and dangerous or unstable trees are removed. You must look for any weak or damaged branches. Ask your neighbour to cut the parts that overhang your land. If the branches of a neighbour’s tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbour’s property, as long as the tree is not under a tree preservation order. So, Maryland residents are required to cut any offending vegetation at their own risk and expense at the property line, but no farther. How Long Do Creditors Have to Bill an Estate in Maryland? To remove the tree, both property owners must consent. “If you don’t want to live with overhanging branches from your neighbour’s trees, you should begin by asking him or her to cut them away, and to remove the cuttings from your side of the fence,” he said. You are here: Home; Matter types; Tree disputes; Overhanging branches; Overhanging branches. However, if you’re the owner/occupier of land over which the branches of a tree overhang, you are generally entitled to chop back the branches to the boundary line. The Law on High Hedges, Trees and Overhanging Branches Garden related issues can be incredibly infuriating for neighbours and cause a great deal of tension. If the entire trunk is in the other yard, the neighbor owns the tree. Will This Property Need to go Through Probate in Maryland? Posted on Aug 5, 2017. Who is responsible for the tree? If it is, you need a permit to cut it back. You will each be responsible for whatever portion of the tree is on your property. If your neighbour’s tree is causing you problems and you have not been able to come to an agreement by talking to your neighbour, you can give them a notice to remove the problem branches, using a Form 3 - Notice for removal of particular overhanging branches. Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. Day, evening and weekend appointments are available in office or at your residence; serving client throughout Maryland. The Queensland Government has an online step-by-step guide to resolving tree disputes.. This is known as the common law … If your tree or a portion of your tree falls onto your neighbor’s property and the tree was well maintained with no sign of disease or rot, any damage caused will be your neighbor’s responsibility. You must each take care not to take any actions that will damage the tree as a whole, such as digging up the roots or putting down dangerous chemicals that could kill the tree. You must also check the law in your state, county or city to determine if different rules may apply to you. 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. However, the cut branch(es), and any fruit or flowers attached to the branch(es) remain the property of the tree owner and must be returned. Who Is Responsible for Maintaining the Tree? This is known as the common law … Written notices to remove tree! And type of the tree on that of your neighbor before taking any action trees on a consistent.... That is right on the size and type of the fence not damage rest. Trunks are within your rights to trim succumbs to disease, infestation, or dies for any weak …. 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