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Did you know that when your neighbor’s tree falls on your yard, it’s your problem?

September 4, 2015

Now that the kids are all back to school, we’re taking Did You Know back to school with a real estate law lesson on trees.

Did you knowthat when your neighbor’s tree falls on your yard, it’s your problem?

In Maryland, when your neighbor’s tree falls on your yard and it is caused by an “act of God”, in most instances you are responsible for removing it and fixing any damage to your property. You may, however, cut back tree limbs and roots that encroach from your neighbor’s property onto yours provided you do so from your own property and at your own cost. If the only way you can access a limb hanging over your property is to enter your neighbor’s property, be sure the neighbor gives you permission. If your neighbor will not let you enter the property, no matter the reason, you cannot enter the property. To do so would be trespassing. Also, keep in mind if you cut back the limbs or roots and the tree sickens and/or dies as a result, you may be responsible for damages.

If you’re thinking of cutting some tree limbs before the leaves start falling, proceed with caution!

For more information regarding our Residential Real Estate Settlements Group or our general real estate transactions and litigation practice, please contact the Group Chair at 301-230-6574 or

This publication/newsletter is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer.

Residential Real Estate Practice


Matthew D. Alegi

David M. Kochanski

Marc D. Lipman