Legal Question in Real Estate Law in Maryland

i live in a townhome community and my neighbor planted an oak tree next to our fence 10 years ago. within this period, we have asked numerous times, to have the tree removed as it would be way too large for the area. as expected, the tree is overgrown and running through our backyard. large roots are causing damage throughout the yard. they caused major issues when replacing our fence by obstructing the path of the fence posts. they are upheaving several pavers set as path stones. the fence gate is broken at the bottom and is almost impossible to move due to a root growing beneath. the greatest fear is the sewer lines. what happens when the roots break the piping that runs through the backyard? what legal action can we take to have the tree removed and the roots removed from our yard?


Asked on 9/09/09, 7:58 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

You would have to file a nuisance action in court. Short of that, you would have the right to excavate the roots on your property, although you wouldn't want to do so if that would increase the risk of the tree falling on your property.

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Answered on 9/15/09, 2:57 pm


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