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Subj: large overhanging tree that drops dead branches on my garden. Property owner does not intend to correct the situation.

Annapolis, MD |

Property is in Maryland. What action can be taken under the law to cause the otherwise healthy tree to have the deadwood removed so it does not harm my garden?

Attorney Answers 2


This is another common real property question. There is a reported case decision that say you may cut or trim any part of that tree which extends over your property line. Of course, working in tandem with your neighbor may promote a better relationship, but you can take unilateral steps to protect your own property. But any action on his side of the line would require permission, or even a court order that he abate a nuisance.

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If the tree is overhanging your yard you have the right to cut it back to the property line. You cannot cut it back so severely, however, that your cutting causes it to die.
This answer does not create an attorney client relationship

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