Legal Question in Real Estate Law in Maryland

Liabilty of a Fallen Tree that inflicts damage

During the past week, either wind or icy weather has caused a limb hanging over our neighbors yard from a tree in our yard to snap. In doing so, the limb, rather large, is drooped down in the neighbor's yard and the neighbor would like us to pay to remove that branch and any others that are hanging into their yard. In addition, they believe that this limb may have damaged their roof. In the meantime, their trees hang in our yard and we have paid in the past to maintain them and the damage they have done by dropping foliage, debris, and lifeforms into our swimming pool. Who is responsible to pay for damages done by this tree, the fallen limb, and the additional branches that extend into the neighbor's yard? Myself? The neighbor?, Both?


Asked on 1/09/99, 1:42 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Liabilty of a Fallen Tree that inflicts damage

The general rule is that the owner of the property where the tree is located has responsibility for maintaining it. However, if you feel that, by past practice, you and your neighbor have at least a tacit agreement to remove tree branches intruding into your respective yards, they would be at least partly responsible. In addition, when an act of God is involved, generally insurance will pay for any damages such as you described.

You would do well to try and reach an understanding about this with your neighbor so that this issue doesn't come up again.

Robert Sher

Wagshal and Sher

5530 Wisconsin Ave-Suite 1200


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Answered on 1/26/99, 4:39 pm


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