Legal Question in Real Estate Law in Maryland
Tree, neighbor claims is nuisance-sheds leaves\bird droppings
I have a Popular Tree that has been trimmed back; all dead wood removed and is healthy per the tree specialist. However, my neighbor wants me to cut it down because it sheds leaves in the Fall (fills her gutter) and seed husks in the Spring, plus occasional dead wood small branch and the birds roost which cause her car to have bird droppings on it. I have trimmed all branches that are near her house but to remove anymore would cause injury to the tree per the tree specialist. She still wants me to remove it claiming that it is a nuisance to her and legally I need to cut it down. Is she correct?
2 Answers from Attorneys
Re: Tree, neighbor claims is nuisance-sheds leaves\bird droppings
Your neighbor has two choices: (i) learn to like your tree and the benefits that it brings, or (ii) move to a place where there are no trees. This being the case, it is generally beneficial to be reasonable but then your neighbor appears to not be doing so. I suggest you do not discuss this matter further since this may tend to give your neighbor the sense of being correct, which he/she is not.
Re: Tree, neighbor claims is nuisance-sheds leaves\bird droppings
No,you have a right to maintain vegetation on your property. Leaves, etc., traveling from one property to the next are naturally caused by wind, rain and the like. However, I suggest you make sure you're covered if a storm causes a limb to topple on to her car or house and causes damage.
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