Legal Question in Civil Litigation in Maryland

Need to cut my trees on my neighbor's privacy fence

Hi, I have a number of 20 � 25 feet Leland Cyprus trees on the property line in my yard. From a recent storm, 7 of the trees have blown over against the neighbor�s privacy fence.

The neighbor will not permit a tree company to come into their yard and cut the tops out of the trees that are leaning against on their privacy fence.

At the moment there is no damage to the neighbor�s privacy fence, however this winter a heavy snow on the trees leaning on the privacy fence will certainly destroy the neighbor�s privacy fence.

If a heavy snow does come and the trees destroy the neighbor�s privacy fence, can they sue me for damage to their fence?

Thank you,

Mike


Asked on 10/03/06, 4:18 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Need to cut my trees on my neighbor's privacy fence

If the damage is due to an act of nature, you wouldn't be responsible unless you could have taken reasonable steps beforehand to prevent the foreseeable damage. It seems that you've tried to alleviate the situation and it's your neighbor who is standing in the way.

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Answered on 10/03/06, 5:38 pm


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