Maryland Follows the
October 9, 2007

Q: My neighbor's tree hangs over onto my property, causing damage due to clogged roof gutters, falling limbs, etc. What can I do?

A: Maryland follows the ?Massachusetts Rule?, which limits your legal remedy to self-help under almost all circumstances. Under this rule, you have a right to cut encroaching branches, vines, and roots back to the property line. For a variety of reasons, you should give your neighbor advance notice before cutting back his tree. You do not have a legal cause of action for monetary damages, or for injunctive relief to compel removal of the encroaching branches. The law is not uniform through out the United States, and a compelling set of facts may cause a Maryland court to modify the Massachusetts Rule.

If you have questions, please contact:
John Wise, Esquire

(410) 752-2468