Post date: Feb 22, 2021 11:32:39 PM
Guidelines for dealing with your neighbors’ trees; roots to branches.
There are no specific HGTA or HOA ordinances regarding tree overhang. This subject is near and dear to me because I just dealt with this last year. I know it’s frustrating that there aren’t any specific rules to compel good tree maintenance, but you’re not without options.
Maryland relies on something called the ‘Massachusetts rule’ for this type of tree encroachment which states that a property owner has the right to trim back branches or roots that have extended onto their property. There are some caveats to this rule - the trimming must not kill or substantially damage the tree, so it should always be done by a professional arborist.
The only exception to this guidance in Maryland is if a tree or limb falls and injures a person, then the liability depends on whether the owner was aware of the tree, the state of the tree, and that they chose not to remediate the risk.
What that means is there are three steps to take - first, figure out who owns the tree - this may seem obvious, but there are many trees in our community owned by the county or the HGTA. If the tree is on a homeowner’s plot, it is theirs, if it’s on specific HGTA land, it’ belongs to the homeowner’s assoc. if it’s between the sidewalk and the road, it’s the County’s.
Second, talk to your neighbor about your concerns. Bring it up to my neighbor in casual conversation, and then follow up with a text message (including pictures of the concerning tree that you'd mentioned to them). In many cases, people just don’t have the same vantage point so they’re not aware of how dangerous their tree has become. At the very least, you’ll have communicated your concern and documented it in a way that it’s clear you brought this to their attention.
At the same time contact at least 2 arborists to come evaluate the situation and give you feedback on whether it is possible and safe to trim back the encroaching branches, and to provide pricing estimates. Most estimates are free. Call a few to find out.
It is definitely worth checking your homeowner’s insurance policy, most plans include a tree trimming stipend or some similar feature to encourage homeowners to prevent tree damage from occurring. Some plans cover up to $200, some go up to $500, it will depend on your insurance plan and provider.
Ideally your neighbor will maintain their own trees, but you are always entitled to trim back whatever extends to your property. If the tree in question does not extend onto your property, but still poses a risk of falling on your property, or if your neighbor tries to prevent you from trimming branches back to your property line, attempt to find a compromise.