Tree Information (FAQ) Edit page

Frequently Asked Questions (FAQ) - Fallen Trees on Private Property

A tree or parts of a tree fell on my property. Who is responsible?
In Virginia and Maryland, the general rule for fallen trees, or similar accidents that may be qualified as an “Act of God," is that the affected owner is responsible for the damages to their own property, including clean up, removal and similar expenses. Such accidents are normally covered by the affected owner's insurance, and are usually resolved by reporting the claim. As a result, the association should encourage the affected owner to contact his or her insurance company before submitting the claim under the association's policy, if the damages exceed the policy deductible. 

Please note, however, that the exception to the general rule is that the owner of the property where the tree originated will be responsible for damage to a neighbor’s property if the owner knew or had reason to know that the tree presented a danger to adjoining properties. For example, if a tree was diseased and had been weakened by previous storms, it may be fair to say that the owner had reason to believe that the tree would fall and, judging by its size, damage a neighbor's property. Otherwise, the accident is considered an "Act of God" and the affected owner is therefore responsible for the damage to his or her property.

I want branches removed that are overhanging my property but the tree belongs to my neighbor or is on HOA common area. Who is responsible?
Maryland follows the "Massachusetts Self-Help Rule". This rule states that a property owner can cut off branches which are intruding over their property as long as they do not kill the tree.

This rule also applies to roots. You, the property owner, are responsible for maintaining limbs and roots that encroach on your property to prevent damage no matter what property the tree is on. 

If the tree is already down on the ground, does the person need to be a MD License Tree Expert to remove the tree?
No, if the tree is already on the ground the person removing the tree does not need to be a MD Licensed Tree Expert. If the tree is being cut into firewood to sell, the person doing the work needs to be a licensed forest product operator. For additional information and a listing of
 

Licensed Forest Product Operators: https://dnr.maryland.gov/forests/pages/fpo_search.aspx

Who should I hire to do tree work on my trees? Should I ask about insurance?
In order to do tree work in Maryland, the tree care professional must be a MD Licensed Tree Expert. The Maryland Tree Expert Law addresses tree care work done for compensation on private or public property in Maryland. The purpose of the law is to provide a layer of consumer protection by licensing qualified and insured tree care companies and individuals. MD Licensed Tree Experts must maintain insurance that covers the tree work - not just "bonded and insured" as stated in business advertisements. For additional information: https://dnr.maryland.gov/forests/pages/programapps/newtreeexpert.aspx.
 

To locate a MD Licensed Tree Expert: https://dnrweb.dnr.state.md.us/forests/tree_expert_search.asp

I see a tree swaying in the wind or leaning. Is the HOA going to cut it down?
Not necessarily. Please note that tree flexibility is a natural adaptation that prevents breaking; a tree swaying in the wind is generally healthy behavior, not a sign of instability.

To ensure community safety, the HOA Board contracts a MD Licensed Tree Expert to perform a comprehensive inspection of neighborhood trees annually.

The Process: The expert identifies trees that pose a documented risk to properties or common areas. These trees are then scheduled for pruning or removal based on the expert's priority assessment.

Resident Reports: If you contact management with a concern about a specific tree, we will note the location for the expert to review during the next scheduled annual inspection. We do not deploy tree crews for ad-hoc inspections based on wind events or visual concerns unless there is clear evidence of structural failure (e.g., a snapped trunk or uprooted base).

If a tree from common area does fall onto your lot, please refer to the "A tree or parts of a tree fell on my property" section above for insurance and removal protocols.

This information was provided by the State of Maryland.  For further information contact:
Justin Bowers
Associate Director
MD Forest Service
580 Taylor Ave E-1
Annapolis, MD 21401
[email protected]