Results 1 to 2 of 2
  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Default Neighbors Fallen Tree and Tree Limb Stuck in My Tree

    My question involves personal property located in the State of: Maryland.

    During the 'deurecho' (or whatever it's called) last week in MD, 3 of my neighbors trees fell-1 of them onto the power lines behind our row of houses(taking out power for 8 days) and 2 of them onto my property. The 4 large branches from the 2 trees that fell onto my property ranged from 30-60 feet, and left 30 ft of fence and my kids playground damaged. Another large piece of the tree (about 40 ft in length) got wedged in one of my trees-about 30 ft in the air.The bottom of this branch is about 2 ft from the power line they JUST put back on the pole, and dangling over my fence and playyard as well.

    The neighbors were nice enough to clean up the tree on the ground-until their insurance co told them they didn't have to do that. We went into this thinking, their tree=their cleanup. I was even naive enough to believe that somehow they should also pay for the damage it caused... fast forward to the more educated homeowner I am.. with a 'neighbor' that I am no longer speaking to..

    The parts of the tree that were on the ground have been moved onto what is now their property (survey is coming now, as a fight as begun over this...), but the 40ft branch is still stuck in our tree.. We have contacted BGE a number of times, but it seems if a branch isn't physically 'touching' power lines they could care less. When-not if- it falls it's taking out the power line again, the damaged fence panels that are still standing and will destroy all of the playground. (though both are already damaged, this would leave them in a state of disrepair). I feel the neighbor should pay to remove the branch as it's part of her tree.. but it seems laws in MD do nothing for the homeowner unless the tree was diseased or previous knowledge of any risk the tree posed was communicated. Is this really the case? I have a ticking time bomb that will fall and take out power and do more damage to my property, and i have to pay to remove it? (insurance says they wont cover removal of a tree not from my property).


    So that's one question I have... is it really our responsibility to remove it? (or we cld just wait for it to fall.. and yes, I will put it right back on the property it originated from..)

    The second question is-how can a homeowner protect themselves from this in the future? The tree may not have been damaged, but was growing in a V shape-the weight of it growing towards my property. Now i see a number of trees around our property have their weight growing in the same direction. Is a certified letter making them aware of the risk we see in these standing trees enough to protect us down the road should another fall?

    Last question-if trees in one neighbors property are growing both into the utility wires from pole to home on your property and are hanging excessively into your yard, who should trim them? My neighbor on the other side has a tree doing this very thing, and he had a tree company out here to trim the tree.. on HIS side of the property and did nothing on mine.. but its 110% his tree..
    Thanks!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Neighbors Fallen Tree and Tree Limb Stuck in My Tree

    but it seems laws in MD do nothing for the homeowner unless the tree was diseased or previous knowledge of any risk the tree posed was communicated. Is this really the case?
    or the owner should have been aware

    and yes, that is typical. A person is generally not liable for an incident caused by an issue they would have no reasonable notice was possible.



    Is a certified letter making them aware of the risk we see in these standing trees enough to protect us down the road should another fall?
    that in itself does not constitute a risk. If the trees are healthy, then it isn't.


    Last question-if trees in one neighbors property are growing both into the utility wires from pole to home on your property and are hanging excessively into your yard, who should trim them?
    You should contact the utility company. They might take care of it given it deals with their equipment. If they do not, it is yours. Basically, anything on your side of the property line is yours to maintain.

    We went into this thinking, their tree=their cleanup.
    if there was no prior reasonable notice the tree was a hazard, whatever lands on your yard becomes your tree.

    The second question is-how can a homeowner protect themselves from this in the future?
    the best way it to hire an arborist to inspect the tree to determine if it is in danger of falling due to the shape of the tree. Other than that, if it is obvious it is not healthy, take pictures. Send copies of those and a letter to the neighbor putting them on notice of the hazard.

    1. Sponsored Links
       

Similar Threads

  1. Premises Liability: Fallen Tree
    By Sanctuary in forum Accidents and Injuries
    Replies: 1
    Last Post: 02-05-2011, 03:56 AM
  2. Responsibility for Removal of Fallen Tree Limb in Massachusetts
    By boston_tree_problem in forum Personal Property
    Replies: 1
    Last Post: 01-31-2011, 10:41 AM
  3. Premises Liability: Tree Limb Purportedly Falls Onto Neighbors Car
    By juris230 in forum Accidents and Injuries
    Replies: 3
    Last Post: 02-19-2008, 12:43 PM
  4. Liability for Fallen Tree Limb
    By dozer in forum Personal Property
    Replies: 4
    Last Post: 11-25-2007, 02:05 PM
  5. Premises Liability: Tree Limb Fell in Neighbor's Yard
    By VAtownhouse in forum Accidents and Injuries
    Replies: 2
    Last Post: 06-16-2007, 09:48 AM
 
 
Sponsored Links

Legal Help, Information and Resources