January 30, 2026
Maryland homeowners often face property disputes involving trees that grow across boundaries. Overhanging branches can damage fences, roofs, or driveways and even cause neighbor tension. Knowing what you can legally trim and what may expose you to liability is crucial. This article explains Maryland’s laws, summarizes key dos and don’ts, and shows how Empire Tree Services, a trusted local company, helps resolve these issues.
| What You Can Do | What You Cannot Do |
|---|---|
| Trim branches or roots that cross your property line | Enter your neighbor’s yard without permission |
| Cut only up to the property boundary | Cut or damage the trunk of a neighbor’s tree |
| Hire a licensed arborist for safe trimming | Use cutting methods that could harm or kill the tree |
| Discuss trimming plans with your neighbor | Ignore communication or create disputes |
Understanding Maryland Tree Laws and Property Rights
How Tree Ownership Is Determined in Maryland
In Maryland, tree ownership depends on where the trunk sits. If the trunk is entirely on your neighbor’s property, the tree belongs to them even if the branches cross your property line. When a tree trunk straddles the property line, both owners share ownership and responsibility.
You cannot cut down or damage a tree owned by your neighbor. You can, however, trim the parts that extend onto your property, but only up to the boundary line.
Why Tree Ownership is Important
Tree ownership determines who is responsible for maintenance and who has the authority to make decisions regarding trimming, pruning, or removal. Cutting a neighbor’s tree without consent can lead to lawsuits and expensive replacement costs. Before trimming, verify where the trunk stands and consult a survey if necessary.
Your Legal Right to Trim Overhanging Branches
Your Right to Trim Encroaching Trees
Maryland property law recognizes your right to self-help, meaning you may trim branches or roots that extend into your yard. This right is limited to the boundary line; you cannot step onto your neighbor’s property or damage the tree.
Legal Restrictions on Trimming
To stay compliant with Maryland law:
- Only cut branches or roots within your property boundary.
- Do not enter your neighbor’s land without permission.
- Avoid trimming methods that could kill or weaken the tree.
If your trimming causes harm, such as killing the tree or making it unstable, you may be liable for damages. Courts have ruled that excessive pruning or improper cutting can lead to financial responsibility for replacement or restoration costs.
Liability for Tree Damage in Maryland
When You May Be Held Responsible
Even when you are legally allowed to trim overhanging branches, improper cutting techniques or excessive removal can create liability. If the tree dies or becomes hazardous due to your actions, you could face civil claims from your neighbor.
How to Avoid Legal Trouble
Hiring a licensed tree service like Empire Tree Services is the safest way to stay within legal and professional boundaries. Their qualified arborists understand how to prune trees correctly and protect both the tree’s health and your rights as a homeowner.
Empire Tree Services follows Maryland’s regulations and pruning standards, ensuring that cuts are made properly and safely.
Why Talking to Your Neighbor Comes First
Why Talking First Is Important
Before starting any trimming, speak with your neighbor about the problem. Many disputes can be avoided with open communication. Discuss your concerns about overhanging branches, and suggest solutions such as professional trimming or shared costs.
Smart Steps to Handle Disagreements
- Document the overhanging branches with photos.
- Send a polite written notice describing your concerns.
- Offer to share costs for professional trimming.
- If they refuse and the tree poses a hazard, seek legal advice or contact your local authorities.
Maintaining respectful communication keeps neighbor relationships intact and may prevent escalation.
When a Neighbor’s Tree Causes Damage
Determining Responsibility
If your neighbor’s tree damages your property, who pays depends on the cause.
- Natural Events: If a healthy tree falls due to wind or storms, your homeowner’s insurance typically covers the damage.
- Negligence: If the tree was diseased or clearly hazardous and your neighbor ignored it, they may be liable for repairs.
How to Protect Yourself and File a Claim
- Take photos of the tree and the damage.
- Notify your neighbor and insurance company promptly.
- Keep copies of any communication or inspection reports.
Documenting the situation strengthens your claim if legal or insurance issues arise.
Trees on Property Lines: Shared Ownership Rules
A tree with a trunk that touches both properties is considered jointly owned. Neither neighbor can remove or significantly alter the tree without the other’s permission.
What to Do Before Cutting a Boundary Tree
- Verify property boundaries with a surveyor.
- Discuss the plan with your neighbor in writing.
- Hire a qualified arborist for evaluation.
Empire Tree Services can assess boundary trees and provide professional documentation to help resolve ownership disputes.
Environmental and Safety Concerns
Impact of Improper Trimming
Cutting too much at once can stress a tree and disrupt its natural balance. Over-pruning may lead to decay or pest infestations. Improper disposal of branches can also affect nearby wildlife and drainage systems.
Sustainable Tree Care
Professionals at Empire Tree Services follow eco-friendly trimming practices that protect local ecosystems. They remove only what’s necessary to maintain safety and tree health, promoting long-term stability and growth.
FAQs About Maryland Tree Trimming Laws
Can I trim my neighbor’s tree without their consent?
Yes, you may trim branches or roots that cross onto your property, but you cannot enter their land or harm the tree. Cutting beyond your boundary is illegal. This means if a branch hangs above your fence, you can safely cut the part hanging over your yard, but you must not reach over to your neighbor’s side.
What happens if my trimming kills the tree?
If the tree dies because of your trimming, you could be liable for replacement costs and damages. The replacement value of a mature tree can be thousands of dollars, especially if it is an old or rare species. Maryland courts have historically ruled that damaging a neighbor’s tree beyond your boundary can lead to legal and financial consequences.
What should I do about a dangerous tree next door?
Notify your neighbor in writing and document the hazard. Include photographs and a written description of the tree’s condition, such as leaning trunks, broken limbs, or visible disease. If the neighbor refuses to act, contact your local county office or homeowner’s association for advice.
Who covers the cost of trimming overhanging branches?
You are usually responsible for trimming trees that extend onto your side. However, in many cases, neighbors share costs if both properties benefit from professional trimming. If branches pose risks to structures, driveways, or power lines, trimming may be considered preventative maintenance.
Can professionals help with property line tree disputes?
Yes. Empire Tree Services can inspect the tree, provide ownership reports, and handle safe pruning or removal in compliance with Maryland law. Their qualified arborists can also serve as expert witnesses if a disagreement escalates to mediation or court.
Protect Your Property and Preserve Tree Health
In Maryland, trimming your neighbor’s overhanging branches is allowed, but only within your property boundary. You cannot harm the tree or cross onto your neighbor’s land. Always communicate openly, follow the law, and hire professionals to avoid disputes.
For safe, legal, and affordable tree care, contact Empire Tree Services, Maryland’s trusted experts.
