Legal Question in Real Estate Law in Maryland
Right-of -Way Infringement
Part of my property borders on a right-of-way owned by my neighbor. I have an easement to use the right-of-way. I have large bushes on my property next to the right-of-way. Although the trunks of the bushes are on my property, some of the branches hang over the property line and into the right-of-way.
Can the owner of the property on which the right-of-way sits cut my bushes at the property line even though the branches do not reach the paved area of the right-of-way and do not interfere with vehicular traffic?
Can the owner of the property that the right-of-way sits on cut my bushes at the property line if the branches do hang into the paved area of the right-of-way but do not interfere with vehicular traffic?
2 Answers from Attorneys
Re: Right-of -Way Infringement
The offended property owner has the right to trim the bushes. Real property rights are absolute and without qualification. If the bushes have outgrown their planting then this is a loss to the bush owner. Any removal should be within any private covenants that may be effective with a community association. Zoning may also be a matter however this would depend upon whether the bushes limit sight distance for driving purposes. Contact an attorney to discuss.
A related matter is water rights which is diffentiated mostly on states east of the Mississippi and is that the property owner has an absolute right to cast water off of his property. Bushes impeade upon property ownership as much as water and can be removed accordingly.
Re: Right-of -Way Infringement
He has a right to trim the bushes to the extent they are over his property. Otherwise a property owner with a dangerous tree branch extending over his property from a tree rooted in his neighbor's property couldn't protect his home from the branch falling on it. If you haven't done so, try to reach an understanding with the neighbor that allows you to trim the bushes so they don't interfere with the right of way but enable you to maintain them aesthetically.
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