Legal Question in Real Estate Law in Maryland

Diminution of property value

My neighbor has allowed their trees to grow well beyond the property line. I have offered to trim them back but was told I may not place the trimmings on their property but disposal is my responsibilty. Is this correct? What legal steps may I take to require them to properly maintain their trees so they do not intrude upon my property?


Asked on 7/04/00, 12:49 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Diminution of property value

I'm assuming that the trees are planted on your neighbor's property but that the branches extend over onto your property. By refusing to take responsibility for this situation, your neighbor is interfering with your enjoyment of your property. This is legally termed a nuisance, and you could sue him and ask a court to require him to either trim the trees at his expense or reimburse you for the cost of doing so. Any expense you incur because of this--such as hiring a tree trimmer--should be your neighbor's responsibility. As a peremptory tactic, you could write him a letter saying you intend to hire a tree trimmer at his expense if he doesn't take the initiative in keeping his vegetation off your property.

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Answered on 9/08/00, 4:27 pm


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