Can we enter my neighbor's property?

[mdlandowner]

What is the name of your state (only U.S. law)? Maryland

We live in Mongomery County Maryland. Our neighbor''s trees are encroaching on our property, growing into our trees and shading our lawn such that our grass will not grow. They will not allow us access to their property so that branches from their tall trees may be trimmed at the property line. What are our rights?

 

[HuAi]

Put a ladder up on your side of the property line and trim the branches, don't tresspass.

 

[mdlandowner]

Put a ladder up on your side of the property line and trim the branches, don't tresspass.

It can't be done. I'm 78 years old so I have to hire a tree service. I had 2 of them out and both said that they would need access to the neighbor's property. So are you saying that legally the tree service cannot enter my neighbor's property on my behalf for this purpose unless my neighbor allows it?

 

[ErinGoBragh]

It can't be done. I'm 78 years old so I have to hire a tree service. I had 2 of them out and both said that they would need access to the neighbor's property. So are you saying that legally the tree service cannot enter my neighbor's property on my behalf for this purpose unless my neighbor allows it?

That is exactly what we're saying.

Unless you have permission in writing from neighbor allowing them access to the property for the purpose of trimming the trees, forget it.

If you have a service over, they trespass and cut off his tree limbs, neighbor can turn around and sue you.

I don't see why it isn't feasible for the tree service for get a ladder or a cherrypicker and trim the branches on your property to the neighbor's property line, but if they in fact can't, you're S.O.L. and need to learn to live without the grass.

 

[mdlandowner]

That is exactly what we're saying.

Unless you have permission in writing from neighbor allowing them access to the property for the purpose of trimming the trees, forget it.

If you have a service over, they trespass and cut off his tree limbs, neighbor can turn around and sue you.

I don't see why it isn't feasible for the tree service for get a ladder or a cherrypicker and trim the branches on your property to the neighbor's property line, but if they in fact can't, you're S.O.L. and need to learn to live without the grass.

Okay, thanks for clarifying. If I can't get a tree service to trim the branches from my yard, can I legally force the neighbor to remove the branches himself? And can I win a case for the damage his trespassing tree causes to my property?

 

[ErinGoBragh]

Okay, thanks for clarifying. If I can't get a tree service to trim the branches from my yard, can I legally force the neighbor to remove the branches himself? And can I win a case for the damage his trespassing tree causes to my property?

I see no way short of a court order in which you can force the neighbor to remove the branches, and there is really no reason why a court would order your neighbor's tree cut down so you could have grass. Also, his tree is not trespassing- the branches that overhang may be, and you have every right to have those trimmed to the extent that they hang over your property, and you are choosing to do nothing. So no, you would not win a lawsuit for damages.

 

[HomeGuru]

I agree with the other posts.