If vegetation grows from your property to your neighbor’s and causes harm to the neighbor’s property, the neighbor may cut back all growth to the property line, but the neighbor may not enter your property without your consent, may not require you to remove the offending plant, and may not recover monetary damages. What are the legal rights of a property owner to remove or trim or alter their neighbor’s trees? Bench and Bar of The Court of Special Appeals noted that “[t]o impose a liability upon the landowner, [Hensley] must have shown not only that the tree constituted a danger to the lawful users of the abutting public road, but that the owner of the land upon which it stood was cognizant of the deteriorated condition of the tree or should have been cognizant of its condition.” The evidence showed that neither the landowner nor Montgomery County had actual notice before the accident that the tree that fell constituted a danger to anyone. Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. Feel free to ask to speak with one of our property-based litigators directly: Adam Van Grack (Head of Litigation), Theodore Kiviat, or Sat Nam Khalsa. Two cases in Maryland in the last 40 years have discussed liability for falling limbs or branches from dead or dying trees. Any residents of Anchorage who intend to plant trees in their front yard should be su… But if the tree is unhealthy, the law assumes that the poor state of the tree, and not the violent storm, is the main reason for falling branches. In Maryland, there is generally no cause of action or right to file a lawsuit for tree encroachment and remedies are limited to “self-help.” However, there is an exception to this rule that under certain circumstances, specifically in urban areas, an owner may be subject to liability if a dead or dying tree limb falls and injures someone. In Montréal, a tree-felling permit (also known as an authorization certificate) is required to do so. Maryland offers tips (PDF, 27KB) on how to hire someone to remove, or trim, your trees. Corp., the Maryland Court of Appeals specifically held that a property owner could not bring a lawsuit against a neighbor whose trees and other vegetation encroached and damaged their property. An exception is the “urban rule,” which is that in an urban setting, a landowner does have the obligation to know about the condition of the (few) trees on the landowner’s own property. Find out how to get one here. A Buffer Management Plan is required for all removal of vegetation within the Buffer except for mowing an existing lawn. Basic Fence Laws Because Maryland does not have specific fence laws, it uses common law … In contrast, § 840 of the Restatement (Second) of Torts (1977) imposes a duty on a landowner to abate the condition when the encroaching vegetation is “artificial” – that is, when it is a result of human activity – but not when it is “natural.” The Maryland Court of Appeals noted that only a minority of other courts have applied the Restatement rule because of the difficulty in determining whether a tree or its growth may be as a result of human activity. The Fancher court clarified that Virginia’s prior rule was specifically for: “times when the population was far less densely concentrated than at present, and more often engaged in agriculture.”. The Horners moved for summary judgment on the third party complaint, and the published opinion addressed that motion. In another case to further clarify Maryland’s law, the Maryland’s Court of Special Appeals in Hensley v. Montgomery County found that a owner of rural or suburban land (here in Potomac, Maryland) is not specifically liable for any damage done by a dead tree branch falling onto another property unless the tree constitutes a “danger to lawful users of abutting public roads and the owner is aware or should be aware of the tree’s deteriorated condition.” However, an important question left open by the Maryland court was: What duty does the landowner have relative to learning the health of the rural trees on their rural or suburban property? The lot behind my lot has a large pine tree that is indisputably dead. Formulated in 2005, the Montreal Tree Policy is designed to recognize the importance of trees to the local cityscape as well as to the region in general. Specifically, the Attorney General clarified that under Maryland law: the right or duty of a homeowner to cut a neighbor’s tree branches back to the established property line specifically depends on the condition of the tree and the nature of the two properties. Under Maryland law, you are responsible for the proper care and maintenance of your trees and, if they become a nuisance, you may be liable for damages. We invite you to contact us and welcome your calls, letters, and electronic mail. Fax: (301) 291-5028 In the Shade of a Tree; Analyzing the Tree-Related Legal Problem. Our tree pruning is performed adhering to the standards and practices outlined by the American National Standards Institute (ANSI) Publication, A300, and the Maryland Tree Expert law. If a dead tree is left in place for an extended period, the stabilizing roots in the ground will rot away in time, and the tree will easily blow over in the next storm. Hensley argued that the scene of the accident was more developed than a rural area and that the tree fell from a “suburban forest,” which would have imposed a higher duty on the landowner than under the rural rule. Longman & Van Grack, LLC Under the “Virginia Rule” liability would exist if a tree or plant is “noxious,” but liability would be limited to self-help if the tree or plant is not noxious. From a reading of the cases cited above, the default answer would seem to be that each of the property owners should bear the cost of removal of the portion of the tree that ends up on that owner’s property. However, the primary legal disputes related to trees remain dangerous or fallen tree disagreements between property owners. If you live in Maryland and own property, you own the property from the center of the planet to the useful area of sky above the land! If you are working with an independent agent, he or she will help you to file the claim or give you advice on making a claim with your neighbor’s insurance if necessary. In Melnick v. C.S.X. Tree removal and tree disputes have been the subject of many recent legal concerns in the Washington, DC Metropolitan Area, including several lawsuits being filed by homeowners in Maryland seeking to stop the certain utilities from removing trees and also massive winter storms creating tree damage. We still do not know whether it matters if anyone heard the tree fall. denied Hensley v. Mazza, 275 Md. Maryland Tree Damage Laws. The Massachusetts Rule has not been universally accepted. Standing Dead Tree Liability. A casket is often the single greatest expense incurred after a death. While the property owner may be permitted to cut their neighbor’s encroaching branches, (1) the homeowner is generally limited to cutting back growth to the limit of the property line and (2) the homeowner may not enter their adjoining neighbor’s property to remove the growth without the neighbor’s consent. 1061 (D. Md. With intense summer storms, hazardous and fallen tree liability is a huge issue in the state of Georgia. Whether the Owner of a Tree that Falls is Liable May Depend on Where the Tree was Located. Hensley v. Montgomery County, 25 Md. (2) require certain persons to plant certain trees and to pay into a roadside tree replacement fund under certain circumstances; (3) require the County Executive to adopt regulations specifying certain roadside tree protection, conservation, and replacement standards; and (4) generally amend the law regarding streets and roads. A spite fence is one built out of malice, usually between neighbors. Around here, we call this issue “Tree-Gate” because we receive so many calls and emails from clients who are concerned that a neighbor’s dead tree may fall and do serious damage to their property or injure a loved one. 1988), United States District Court Judge Frederic Smalkin considered the damage claim of John Bookhultz, who was struck by part of a dead tree while riding in an open gondola car of a train owned and operated by Maryland Midland Railway, Inc. Bookhultz sued the railway, which then filed a third party complaint for indemnity and contribution against the Horners, who owned the property that abutted the track. 511, 540 A.2d 1133 (1988), the Maryland Court of Appeals held that a landowner does not have a cause of action against an adjoining landowner when trees, vines, roots, and other plants or plant debris from the adjoiner’s property encroach upon and cause damage to the landowner’s property. If the tree owner can show the tree fell due to the act of God and not due to disease, then the tree owner will typically not be liable for the damage. Montgomery County, the Maryland’s Court of Special Appeals found that the owner of rural or suburban forest land is not liable for the damage done by dead tree limbs falling onto property unless the tree constitutes a “danger to lawful users of abutting public roads and the owner is aware or should be aware of the tree’s deteriorated condition.” The court differentiated the difference between a rural owner (such as Potomac, Maryland) … © 2021 Longman & Van Grack, LLC All Rights Reserved, Montgomery County Maryland Lawsuits & Trials, Administrative Appeals and Petition for Review, Tax Court Appeals and Tax Petitions for Review, Estate Administration and Estate Planning, Estate Planning & Administration Overview, Sports Law & Outdoor Recreation Law Overview, Contract and Document Review for Sports & Outdoors Industry, Liability Waivers for Sports & Outdoors Industry, Olympic and Professional Athlete Legal Representation, Damaged and Fallen Trees: Legal Rights in Maryland, Virginia, and DC. Zoning codes, local ordinances and homeowner’s association regulations could also govern spite fences. Thus, both Virginia and Maryland have separate tree damages legal standards for rural and urban properties. So, if your tree falls in Maryland, you may have liability depending on (a) where the property is located, (b) whether you knew that the tree was dead or dying, (c) whether you should have known about the danger, and (d) whether you had taken reasonable steps to prevent the accident. The Supreme Court of Virginia has recently reached results that are different from what the Maryland cases would suggest. While Washington, DC formerly followed the same rule that Maryland follows (also called the “Massachusetts Rule”), in 1960, Washington, DC decided to follow a slightly different rule. Accordingly, judges faced with such tree-falling cases began to carve out exceptions to the common law. This was so even though, according to the complaint, the setting was an urban environment, the tree had exhibited visible and open signs of decay for years, and the landowner should have known of the hazard created. Melnick sued the railroad in the Circuit Court for Baltimore City under theories of trespass, negligence, and nuisance. In the final footnote of the Melnick case, the Court of Appeals acknowledged that there may be a limit to the Massachusetts Rule for dangerous dead trees and that under certain circumstances a landowner on whose property a dead tree stands may need to take reasonable steps to prevent injury to others. However, the city-dwelling neighbor of the tree owner might argue (i) that the owner of the tree knew or should have known that the tree was dead or dying and likely to fall, (ii) that under the “urban rule” the owner of land in a developed area is liable for damages caused by falling trees, (iii) that the tree owner should have had the tree removed or at least attended to before it fell (at the expense of the tree owner), and (iv) that the owner of the tree should, therefore, pay all costs of removal after it fell. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. In light of the rural nature of their property (the Horners’ property comprised approximately ten acres, eight of which were in a wooded, natural state), Judge Smalkin held that the Horners did not have a duty to inspect for dead or dying trees adjacent to the railroad track, and that it would be unreasonable to impose such a duty on them. You should consult an attorney for advice regarding your individual situation. Hiring an attorney is an important decision which should not be based solely on advertising. In the 2007 case of Fancher v. Fagella, the Virginia Supreme Court held that where a neighbor’s tree on their property causes harm or poses an imminent danger of harm to an neighboring property, the tree’s owner “may be held responsible” for any harm caused by the fallen or dangerous tree. Essentially, even for decaying or dead trees, a landowner is not liable if (a) he has no notice of his tree’s … Melnick primarily dealt with branches and roots of living, growing trees and vegetation. We are often asked: What happens if a tree falls in Maryland? Further, just a few years ago, the Virginia Supreme Court decided not to extend the Fancher responsibility ruling to rural settings. (To learn what you must prove in order to get actual damages, see Nolo’s article When a Neighbor Damages or Destroys Your Tree.) In Maryland, is a casket necessary for burial or cremation? Suite 750 #6E State law gives the adjacent property owner the right to apply for a Street Tree Project Permit should a resident wish to replace or plant a new street tree at the resident's cost. on private property between two sidewalks or near public pavement). The primary questions that our property and litigation attorneys are asked to address related to trees are: In Maryland, tree-damage liability was recently addressed by the former Maryland Attorney General who was asked to provide legal clarification about Maryland’s law in this area. Generally, in Maryland, the cost of removing the tree and repairing any property damage falls to the owner of the property that sustained the damage. The decay of a tree is a natural process and not provoked by an act of God”, so the owner can be held responsible. In Maryland, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). The Circuit Court granted the railroad’s motion for summary judgment and held that Melnick’s sole remedy was self-help. In general, trees that are located within the Buffer cannot be removed unless they are dead, dying, diseased, or creating a hazard to people or property. Therefore, Washington, DC courts simply ask, if necessary: “Did plaintiff make out a prima facie case to show that defendant landowners had been negligent?” This Washington DC Tree Rule was supported by the DC Court of Appeals in 2008 in the case of Tolu v. Ayodeji. Mr. Galvin explained that although most people think lawsare onlyfound incode books, most"tree law"ismorelikelytobefound incase lawmade bythe courts asit isto be found instatutes. However, if the tree at issue constitutes a danger to lawful users of abutting public roads and the owner is aware or should be aware of the tree’s deteriorated condition, a urban homeowner may very well be liable for the same injury since the owner will likely have far fewer trees to inspect and, therefore, is seen to have a duty to know about the existence of dead or decaying trees on the property owner’s urban property. Learn more about conflicts with neighbors, trees, property, real estate, property lines, damage, and other legal topics at … The tree is no less than 80 feet tall and, if it would fall, would hit my house. In reaching its decision, the Court of Appeals found that courts across the country uniformly provide that landowners may cut tree branches, vines, and roots growing from their neighbors’ properties back to the property lines. In 1960, the Washington, DC Court of Appeals stated in Dudley v. Meadowbrook, Inc.: “We think the sound and practical rule is that liability in such cases is to be determined by the test of negligence and that a landowner should be held to the duty of common prudence in maintaining his property, including trees thereon, in such a way as to prevent injury to his neighbor’s property.”. Liability in a dead tree falling on your property is likely a simple claim to file with your insurance company. Excluded from this duty would be rural landowners and suburban forest landowners. Due to its size, weight, and location, it is a danger. 750 (1975), involved a man who was hurt while driving to work when a limb of a large dead tree fell onto his car. Under Florida law, the health of the tree determines who is responsible for damages to neighboring property. Longman & Van Grack’s litigation attorneys consist of lawyers who have handled multiple property-based and tree-related litigation matters in courts throughout Maryland, Virginia, and Washington, DC. Removing dead trees from the County right-of-way The Tree Division also aids in erosion prevention by replacing trees, according to the guidelines set by the MD Department of Natural Resources. May, 14, 2002. The “Hawaiian Rule,” for which Melnick argued, would impose liability for damages caused “other than by casting shade or dropping leaves, flowers or fruit.” In Melnick the Maryland Court of Appeals rejected these other rules. The information you obtain at this site is not, nor is it intended to be, legal advice. Montgomery County found that a owner of rural or suburban land (here in Potomac, Maryland) is not specifically liable for any damage done by a dead tree branch falling onto another property unless the tree constitutes a “danger to lawful users of abutting public roads and the owner is aware or should be aware of the tree’s deteriorated condition.” However, an important question left open by the Maryland … 361, 334 A.2d 542 (1975), cert. Trees on private property Acquisition of a permit is mandatory before felling a tree whose diameter is equal to or greater than 10 cm (measurement taken 1.3 m from the ground). If you are not on notice of a dangerous condition which might cause the tree to … A version of this article was published in The Daily Record on July 24, 2014. However, the city government of Anchoragehas specific rules wherein the director of development services can come in and remove trees that are dead, hazardous, or illegally located (i.e. And who should pay for the cost of the removal of a fallen tree? App. Consult Request. Instead, the landowner is limited to the self-help remedy of cutting encroaching branches, vines, and roots back to the property line without the right to reimbursement from the adjoining landowner for any damages and without the right to compel removal of the offending tree or plant. Image by Michael Schwarzenberger from Pixabay Maryland’s spite fence disputes are usually governed by the state’s nuisance laws. A licensed tree expert is required to have training and follow safety procedures. However, the Court of Special Appeals found that the accident in Hensley did not occur in a “suburban” setting, based on the size and type of the road on which Hensley rode and the amount of traffic on it. If you would like to discuss our property and litigation attorneys’ possible assistance with a litigation matter, call Longman & Van Grack’s attorneys today at (301) 291-5027 to schedule a consultation in our Maryland (Bethesda or Rockville), Virginia, or Washington, DC offices. You will not need a permit to remove a dead tree. denied Hensley v. Montgomery County, 275 Md. Jonathan Melnick owned the property at 900-920 East 25th Street in Baltimore City, which is adjacent to a Baltimore and Ohio Railroad right-of-way. The basic rule is the “rural rule”: landowners in rural areas do not have such a duty because of the practical difficulty of constantly inspecting trees in forests that abut roads. Essentially, even for decaying or dead trees, a landowner is not liable if (a) he has no notice of his tree’s propensity for harm and (b) his tree is rural or suburban/rural (in contrast to an urban tree).” Judge Smalkin noted that urban tree-owners are deemed to have constructive notice of dead or decayed trees, but that the duty on urban dwellers is an exception to the general rule that a rural landowner does not have the duty to inspect for dangerous trees. With Offices in Maryland (Rockville or Bethesda), and Washington, DC, the attorneys at Longman & Van Grack assist clients throughout Washington, DC and Maryland including Montgomery County, Howard County, Prince George’s County, Chevy Chase, Darnestown, Gaithersburg, Germantown, Potomac, Silver Spring, and Wheaton. Minnesota State Bar Association. Should individuals or communities desire to plant new street trees or replace street trees that have been removed, they should contact the Maryland Department of Natural Resources Forest Services. In Cline v. Dunlora South, LLC, 284 Va. 102, 726 S.E.2d 14 (2012), the Supreme Court of Virginia held that the owner of property within the City of Charlottesville from which a tree fell and crushed a passing car, causing permanent injuries to the driver, had no liability to the driver. Urban landowners with trees need to take into account that there is a duty to inspect trees in Maryland. Trees, People and the Law Seminar, Ten-nessee State Cases and Statutes. At the conclusion of the presentation of the plaintiff’s case, the Circuit Court directed a verdict against him. A person may not cut down, trim, mutilate or in any way injure any roadside tree without a permit or work order issued by Baltimore County or the Maryland Department of Natural Resources (DNR). Corp., et al., 312 Md. The Court of Appeals in Melnick held that the Massachusetts Rule should be followed because any other rule “might spawn innumerable and vexatious lawsuits.” Judge John Eldridge wrote for the Court, “We have gotten along very well in Maryland, for over 350 years, without authorizing legal actions of this type by neighbor against neighbor.” Furthermore, the Court declined to categorize living trees, plants, roots, or vines as a nuisance, which must be abated. Phone: (301) 291-5027 Thus, in Washington, DC, if a tree falls on a neighbor’s property, DC’s ordinary laws of negligence will apply. There arefivemain By amending What are the potential liabilities of property owners when dangerous trees or fallen trees on their property threaten or actually cause damage to their neighbors? In Maryland, there are no laws or regulations requiring embalming. Further, in the event that something does go wrong, a licensed tree expert is required to be appropriately insured and bonded. Fallen Tree Liability in Georgia. Maryland law on tree liability is the general rules of negligence. Minneapolis. Homeowners in Maryland, Virginia, and Washington, DC regularly face legal and practical issues related to potential tree damage, fallen trees, tree encroachment, and property-border disputes. Washington, DC (and Virginia) has less guidance than Maryland regarding tree damage or fallen trees liability. Before felling an ash tree on your property, check its diameter, confirm that you have valid reasons for doing so, and apply for a tree-felling permit from your borough. What the Maryland case of Melnick v. C.S.X responsibility ruling to rural settings Supreme Court decided not to extend Fancher! V. C.S.X to us until such time as an attorney-client relationship has been established in Bookhultz v. Midland... Amending in Maryland lot behind my lot has a large pine tree that falls is liable Depend... Due to its size, weight, and the law Seminar, Ten-nessee state and. 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