Tree leaning towards my house-recently planted by neighbor

Asked 12 months ago - Towson, MD

I have been experiencing a serious of harassment by my ugly neighbor. One of the very last things he did is that he planted a 7-8 feet maple tree and he made it leaning towards my house. Within the next few years, there will be no danger since the tree will take time to mature but once matures, it will likely fall on our house because his yard is leveled up over our yard. Is there a legal recourse I can follow at the moment to stop his evil acts? We have no contact and we should not have contact in the future, he is racists and told mediators that he thinks himself live a different lifestyle from mine and he would never consider making up with me. He is the ugliest raciest white American any non-white American could ever have!

Attorney answers (2)

  1. Brandy Ann Peeples

    Pro

    Contributor Level 19

    Answered . I'm really sorry that you have to deal with such a person. My colleague is correct -- you can't take legal action for something that has not yet happened. In attempting to be creative here, and this suggestion is what I would consider a stretch, but maybe your local zoning ordinance prohibits the planting of trees within a certain setback area from your property line. Many zoning ordinances have setback provisions -- which require structures not to be placed in setbacks -- and I have on occasion seen setbacks regarding trees. If your zoning ordinance has such a provision, you might be able to call code enforcement on your neighbor and force the removal of the tree.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more
  2. Golnar Sargeant

    Contributor Level 19

    1

    Lawyer agrees

    Answered . You can not sue him or restrain him from doing something that has not happened, and "may" occur at a future date. You can trim any part of the tree that encroaches into your property. But you can not make him pay for it.

    We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute... more

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