Legal Question in Civil Litigation in Maryland

We had strong winds 60 to 70 miles per hour and a tree from my neighbor fell into my property destroying one of my trees and a lamp post. The insurance does not want to pay because there was no structural damage to my house. The neighbor said it is my problem and is not his responsibility. I have no choice but to pay a company to haul back his tree to his property so he pays for the removal of the fallen tree. Is it legal to return his property in this manner? Thanks.


Asked on 2/26/11, 11:16 am

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

If the neighbor won't help pay the cost of removing the tree and replacing your lamp post (if it's a private, not public lamp post), simply chop the portion of the tree up that's on your property and either: (i) use it as fire wood, (ii) sell it to someone, or (iii) throw it away in an earth friendly manner. You are under no obligation to "return" the tree.

Best of luck. *****The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 2/27/11, 5:34 am


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