The article is not a substitute for legal advice. See here for the site’s reposting policy.
Author's note: a shorter version of this post is located on the Maryland Grows blog that is hosted by the University of Maryland Extension's Home and Garden Information Center (https://marylandgrows.umd.edu/). They will be posting future posts by me focused on legal issues for homeowners.
Have a neighbor who has planted bamboo or another invasive plant species near your shared property line and now that plant has started encroaching on your property? What can you do in this situation? Maryland has only one decision discussing damage from plants growing on a neighbor’s property. In Melnick v. C.S.X. Corp., the Court of Appeals of Maryland limited landowners to self-help to remove invasive plant species from growing on your property. The courts in Maryland have found that “it is undesirable to categorize living trees, plants, roots, or vines as a “nuisance” to be abated. Consequently, we decline to impose liability upon an adjoining landowner for the “natural processes and cycles” of trees, plants, roots, and vines.” (Melnick, 520-521). Self-help means it will be up to you to remove the roots, limbs, vines, and other plant debris and not the neighbor who planted the invasive plant species. A neighbor cannot seek damages in court for the damages caused by the invasive plant species.Read More