Legal Question in Real Estate Law in Maryland
Removing a tree that is leaning over neighbor's yard
We have a tree leaning dangerously over our neighbor's yard and driveway. We are concerned with the safety of their son or their cars as they drive out of their driveway. However, our neighbor will not give us permission to cut it down for fear of damage to their grass. They do want the tree removed, but they want us to hire a company to try and tie and pull the tree as they cut it so that it will land in our yard instead. Tree Removal services will charge a lot to attempt this, but they won't guarantee that it won't land in the neighbor's yard because the tree is hanging from a small hill above their driveway, it is already leaning so far over the property.
Our plan was to cut down the tree and immediately cut up the tree and remove the debris from their yard. We assume the job would be completely done in two hours. Can the neighbor's tell us no, and insist we attempt the more expensive procedure? If the tree leaves marks in their grass, can they sue us? They are vengeful people and I have no doubt that they would attempt it.
1 Answer from Attorneys
Re: Removing a tree that is leaning over neighbor's yard
You have to abide by your neighbor's wishes if he doesn't want the tree to end up in his yard after it's cut down. However, if the tree still leaves marks on their grass after it's down, there damages would be minimal. I suggest you offer in writing to put tarps or something down where the tree might land in their yard, and if they refuse and then the tree does land in their yard and cause some marks, you would have a defense if they sue you.
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