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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7158
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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Thank you! My next door neighbors and I are homeowners. A

Customer Question

Thank you! My next door neighbors and I are homeowners. A tree on my property has been killed by dirty water directly from their home into the tree. A drain pipe also leads directly into it. I've trimmed the tree in efforts to prevent it from falling on their home. High winds, snow, heavy rain, etc. will cause it to fall at any time. They refuse to address the issue and have sent me written notice regarding my liability. I can't continue to have the tree trimmed due to accelerated growth at the behest of irresponsible neighbors. I live in Maryland, Baltimore City. Help! I'm not earning income right now pending disability due to rheumatoid arthritis and lupus. I'm anxiety ridden and they won't respond. Help me please.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Baltimore City, Maryland
JA: Has anything been filed or reported?
Customer: I reported the dirty water approximately 5 years ago with Baltimore City. A representative came out stayed that he could not address the issue unless he actually saw the running water.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, I talky appreciate your consideration in this matter. Have a great evening and Happy New Year.
JA: Thanks. Same to you!
Customer: Good afternoon, how and when will I be contacted if an attorney can address my issue?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 3 months ago.

I'm puzzled by your statement first that the tree "has been killed by dirty water", and then, that you can't continue to trim the tree "...due to accelerated growth..." These two statements are contradictory, but whether the tree is dead or alive, since it is on your property, the law says that it is your responsibility. It is not your neighbors responsibility protect their home from a tree that might fall on their house from your yard. I suggest that you do the best you can under the circumstances continue to carry liability insurance under your homeowners policy. This situation has gone on for a number of years, and it is not likely to get any better.

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