When a tree from your neighbor’s property falls into your yard, it can create confusion about who pays for the damage.
Maryland has specific laws that determine responsibility based on the condition of the tree and whether anyone was negligent. Understanding these rules helps you know your rights and what steps to take after tree damage occurs.
1. Acts Of Nature Usually Mean You’re On Your Own
If a healthy tree falls during a storm or high winds, Maryland law typically considers this an “act of God.” Your neighbor isn’t responsible for the cleanup or damage costs. You’ll need to file a claim with your own homeowner’s insurance to cover repairs to your property.
This rule applies when the tree showed no signs of disease or weakness before falling. Weather events like hurricanes, ice storms, and strong thunderstorms are common causes that fall under this category in Maryland.
2. Proving Negligence Changes Everything
When you can prove your neighbor knew about a dangerous tree and ignored it, they become liable for damages. Signs like visible rot, large dead branches, or a severe lean make the tree an obvious hazard. Maryland courts have ruled that property owners must maintain trees reasonably.
Documentation matters here—photos, previous complaints, or expert assessments help prove your neighbor was aware of the problem. If negligence is established, your neighbor’s insurance should cover your property damage and cleanup expenses.
3. Written Warnings Protect Your Case
Sending a certified letter to your neighbor about a concerning tree creates an official record. Describe the specific problems you’ve noticed, like cracks in the trunk or dying limbs hanging over your property. Keep copies of everything you send along with the delivery receipt.
This documentation becomes crucial evidence if the tree later causes damage in Maryland. Your written warning shows the neighbor had knowledge of the danger, which strengthens any negligence claim you might need to make against their insurance company.
4. Your Insurance Policy Comes First
Most Maryland homeowners should contact their own insurance company immediately after tree damage occurs. Your policy likely covers tree removal and property repairs regardless of where the tree came from. Filing with your insurer gets the cleanup process started quickly.
Your insurance company will investigate whether they can recover costs from your neighbor’s insurer through a process called subrogation. This means you get help fast while the insurance companies sort out who ultimately pays the bill between themselves.
5. Tree Inspections Create Clear Evidence
Hiring a certified arborist to evaluate problematic trees provides expert documentation of hazards. These professionals can identify diseases, structural weaknesses, and risks that aren’t obvious to untrained eyes. An arborist’s written report carries significant weight in Maryland legal disputes.
Schedule an inspection if you’re worried about a neighbor’s tree threatening your property. The assessment costs a few hundred dollars but could save thousands if that tree eventually falls and causes damage requiring litigation or insurance negotiations.
6. Boundary Line Trees Have Special Rules
Trees growing exactly on the property line belong equally to both neighbors under Maryland law. Both owners share responsibility for maintenance and liability for any damage the tree causes. Neither neighbor can remove or significantly trim a boundary tree without the other’s permission.
When a boundary tree falls, costs typically get split between both property owners’ insurance policies. Disputes about these shared trees sometimes require surveyor confirmation of the exact property line location to determine ownership and responsibility clearly.
7. Local Ordinances Add Extra Requirements
Many Maryland counties and cities have specific tree ordinances beyond state law. Baltimore County, for example, requires permits before removing certain large trees. Montgomery County has strict rules about maintaining trees that could threaten neighboring properties or public areas.
Check your local government website or call the planning department to learn about tree regulations in your area. Some jurisdictions will inspect reported hazardous trees and order owners to take action, which creates official documentation helpful for any future damage claims.
8. Small Claims Court Handles Minor Damages
For tree damage under a few thousand dollars, Maryland’s small claims court offers an affordable resolution option. You can represent yourself without hiring an attorney, and filing fees stay relatively low. The process moves faster than regular civil court proceedings.
Bring all your documentation—photos of the damage, repair estimates, correspondence with your neighbor, and any expert reports. Small claims judges hear these property disputes regularly in Maryland and can order your neighbor to reimburse you for documented losses caused by their negligence.