Legal Question in Real Estate Law in Maryland

residential property

How many feet is a neighbor's evergreen trees allowed to extend over into the next yard? We have a fence. Just so you know, these people have never had any respect to thier neighbor's property. They let their huge, mean dog run all over the place without a leash. Dog is always releaving himself in my front yard. Dog will see me or one of my children coming out of our house and runs up to us growling and snarling at us. I have asked them to keep the dog on the leash, but they refuse. I have called animal control several times. It doesn't help.


Asked on 2/20/01, 5:10 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: residential property

Regarding the tree question--there is no distinct distance which makes it illegal for one person's trees to extend into the air space of his neighbor. If the trees are interfering with your use and enjoyment of your property, your neighbor has created what is legally termed a nuisance. I would ask him in writing to trim his trees back and if he refuses or ignores you, you are justified in cutting them back to the extent they intrude on your property. If this involved expense to you, you could sue him in court for the cost.

The dog problem sounds potentially more serious.

Again I would notify him in writing to keep his dog off your property and under control. His failure to do so again constitutes a nuisance, subjecting him to potential litigation.

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Answered on 4/04/01, 5:11 pm


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