Maryland Petition for Injunction due to Encroaching Wall

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Multi-State
Control #:
US-03189BG
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Word; 
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Description

An encroachment is the situation that exists when a structure is built in whole or in part on a neighbor's property. Boundaries are frequently marked by partition fences, ditches, hedges, trees, etc. Disputes arising from a confusion of boundaries may be generally settled by an action at law. However, courts of equity will entertain a bill for the settlement of boundaries when the rights of one of the parties may be established upon equitable grounds.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


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FAQ

You may cut a branch, vine, or root of a neighbor's tree or other plant that extends onto your property, but only back to the neighbor's property line. You may not enter your neighbor's property to trim or remove a tree or other plant without first getting your neighbor's consent.

Tree Trimming Rules A landowner has the right to "self help" by trimming encroaching tree branches and roots up to the property line, at his own expense. If actual damage is caused by encroaching branches or roots, the landowner has a right of action for nuisance.

In compliance with existing Maryland Regulations, it is the property owner's responsibility to remove fallen trees and debris from private property.

In Pennsylvania, courts have ruled that ?encroaching tree parts are a trespass which a landowner may remove.? In other words, if branches of your neighbor's tree overhang your property, you generally have the right to trim the overhanging tree branches (this is commonly referred to as ?self-help?) ? but ? and this is ...

Here are some examples where your neighbor's actions might meet the legal requirements of harassment: They keep coming into your yard, up to your house, or trespassing when you have asked them not to. They do things to bother or target your pet(s) They threaten or attempt to build or landscape over your property line.

For example, if the tree is planted in your yard, but it leans over into your neighbor's, then your neighbor is responsible for the leaning portion. If you have a tree that is 10 feet from the property line that falls on your neighbor's home, yard, or fence, you are in charge of the fence repair and the 10 feet.

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Maryland Petition for Injunction due to Encroaching Wall