Legal Question in Insurance Law in Maryland

My neighbor has complained about a large oak that borders our property and has several limbs that overhang her house. She wrote me a letter saying the tree is failing and diseased, and that she wants me to cut it down. She claims that because she�s gone on record with me about the condition of this tree, and if any damage to her property occurs from this tree that I will be liable. The tree does have a couple of dead branches, but it also has a lot of greenery. The tree is very large, and would be extraordinarily expensive to cut down (app. $8K). On the other hand, if the tree is dying or diseased, then I should have it cut down. My problem is that I don�t know the condition of the tree, so I just don�t want to arbitrarily comply with her demands and cut down a huge and beautiful tree just because she doesn�t like it.

Am I legally liable if this tree, or overhanging branchs, does any damage to her property? Would my insurance company cover me under their liability clause?


Asked on 7/27/11, 1:19 pm

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

The simple answer would be for you to pay an arborist to check out the tree and determine what you should do with it. Regardless of whether you need to just trim the limbs or cut the entire tree down, if the tree is on your property and causes damage to adjacent property, then yes, you are liable. It's impossible for anyone on this website to determine whether your insurance would cover it without reading the written policy.

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

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Answered on 7/27/11, 8:05 pm


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