Legal Question in Environmental Law in Maryland

Extreme Urgent Danger from falling trees on private property

We have an extreme urgent danger of life, limb, and property from falling trees. This problem has existed for several years and attempts to address the issue with the property owners have failed. There have been previous incidents resulting in property damage. The property in question has changed hands frequently and most recently is in the hands of a construction company. All attempts to find assistance through state congressional representation has met with complete failure. The county has made an unreturned call to the property owners but remains beyond arms length due to the fact the property is not within county right of way. This situation has become more and more hazzardous and threatening with each passing rain and wind storm. Do we have to wait until someone is injured or killed before action can be taken? Please advise, thanks.


Asked on 7/29/05, 5:19 pm

2 Answers from Attorneys
Michael Worsham Michael C. Worsham, Esq.

Re: Extreme Urgent Danger from falling trees on private property

In Maryland you may cut off the part of the limbs of trees that protrude or hang over on to your property, but may not go over and cut any portion of the same tree that is on the other person's property.

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Answered on 7/29/05, 6:08 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Extreme Urgent Danger from falling trees on private property

It appears that notice is needed to fully attend to your issue. You may remove any part of the tree that encroached upon your property. Other remedies may lie. Contact an attorney for assistance.

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Answered on 7/29/05, 6:18 pm


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