by Dan Krell (c) 2009.
Trees are an essential part of our ecosystem. Among the many benefits trees offer us include filtering our air and water, providing shade from the sun, and positively affecting our moods. Properly maintained and placed trees can even possibly add value to your home. However, if trees are not maintained properly and inspected regularly, they can become neglected and a potential hazard to you and your neighbor.
When you moved into your home you probably didn’t think much about the trees on your lot, other than their beauty and shade. Trees require maintenance and regular inspection to ensure their health and to remove any potentially hazardous limbs. For proper tree maintenance you should hire a professional tree care expert. Professional tree care experts (arborists) are licensed in Maryland by the Maryland Department of Natural Resources. If you need a Maryland Licensed Tree Expert, you can find one on their website (www.dnr.state.md.us/forests).
The Montgomery County Department of Environmental Protection recommends regular tree maintenance to include mulching and watering. Mulch layers protect tree roots from nutrient robbing weeds, provide insulation from extreme weather, and maintain the moisture provided from rain and watering. Mulching during the spring and fall will ensure your trees have the proper mulch coverage (recommended to be two to three inches deep).
Proper watering is essential for tree health. As you can imagine, summer months are hard on trees (especially for newly planted trees) so regular watering is beneficial. Newly planted trees require watering in the absence of rain. Because the water needs to reach the tree roots, deep watering methods are recommended by experts (use of soaker hoses, gator bags or, drip buckets).
If your lot is 40,000sf or greater or have a champion tree on your land, you may have to comply with the Maryland Forest Conservation Program. The Montgomery County Forest Conservation Program ensures Forest Conservation Law is enforced to save, maintain, and plant forests in the county. The Montgomery County Planning Department (MontgomeryCountyPlanning.org) can assist you in determining if your property falls in this category.
So, what happens if your tree falls and damages property? If your property is damaged, then you should consult with your insurance agent to determine if your insurance policy covers the damage.
However, if your neighbor’s property is damaged, they may have formed their own opinion about who is responsible; the outcome can be resolved in several ways. Sometimes neighbors can work out a solution on their own. Many such neighbor and tree cases are determined through mediation. Mediation is a form of alternative dispute resolution that is private and can be less expensive than going to trial. More information can be obtained from Community Mediation Maryland (www.mdmediation.org).
However, it is a good idea to consult an attorney if your fallen tree damages your neighbor’s property; these cases are not always clearly defined. If you do end up in court you may find that the court often decides such cases from case law and considers a variety of contributing factors to the resulting damage before making any decision.
I am no Lorax, but it’s clear that if you take care of your trees they will provide you with many years of shade and enjoyment; not to mention possibly avoiding “situations” with your neighbors.
This article is not intended to provide nor should it be relied upon for legal and financial advice. This article was originally published in the Montgomery County Sentinel the week of March 23, 2009. Copyright © 2009 Dan Krell