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What can I do if neighbor is blocking my solar panels intentionally?
Planned maintenance scheduled April 17/18, 2019 at 00:00UTC (8:00pm US/Eastern)
Announcing the arrival of Valued Associate #679: Cesar Manara
Unicorn Meta Zoo #1: Why another podcast?Solar shade act in CACan i have the police impound a car which is obstructing my driveway?Inherited property with two unknown lien holders. What should I do?Neighbor trees' shade impact solar panel production?can I submit a new insurance claim on roof damage after unpaid claim unrepairedParental rights and other legal implication of a marriage of convenience for a lesbian couple in MDWhat can I do about this tree?Can one claim unclaimed poultry living on their property?How can I buy a piece of land in Germany whose owner is unknown?Can a township be at fault for damaging property?I bought an apartment on plan and it doesn't seems to respect the acoustic standards. What can I do?
I live on a 2.5 acre lot. I installed a ground mount solar array 6 years ago. Then 4 years later my neighbor planted over 39 tall cypress trees which are blocking the sunlight. Is there any law in Maryland that protects the solar owner?
property maryland
edited Apr 12 at 15:03
feetwet♦
14.9k94499
asked Apr 12 at 1:12
ElaineElaine
16923
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Elaine is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
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show 5 more comments
I live on a 2.5 acre lot. I installed a ground mount solar array 6 years ago. Then 4 years later my neighbor planted over 39 tall cypress trees which are blocking the sunlight. Is there any law in Maryland that protects the solar owner?
property maryland
edited Apr 12 at 15:03
feetwet♦
14.9k94499
asked Apr 12 at 1:12
ElaineElaine
16923
New contributor
Elaine is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
33
Do you have any proof that the trees were planted specifically to block your panels?
– Greendrake
Apr 12 at 7:06
10
Also, the tree is there for two years already. Why did it only now become an issue?
– Deduplicator
Apr 12 at 11:17
18
neighbor probably didn't want to have to look at solar panels, would rather see trees.
– DavePhD
Apr 12 at 12:23
5
@DavePhD Seems like sound logic to me. I don't see anything wrong with what the neighbor did. I wouldn't want to look at a bunch of ugly solar panels either.
– only_pro
Apr 12 at 14:19
9
@only_pro If that was the issue a shorter tree/bush would do just as well... What the OP describes seems more like a spite fence
– Bakuriu
Apr 12 at 18:33
|
show 5 more comments
I live on a 2.5 acre lot. I installed a ground mount solar array 6 years ago. Then 4 years later my neighbor planted over 39 tall cypress trees which are blocking the sunlight. Is there any law in Maryland that protects the solar owner?
property maryland
edited Apr 12 at 15:03
feetwet♦
14.9k94499
asked Apr 12 at 1:12
ElaineElaine
16923
New contributor
Elaine is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
I live on a 2.5 acre lot. I installed a ground mount solar array 6 years ago. Then 4 years later my neighbor planted over 39 tall cypress trees which are blocking the sunlight. Is there any law in Maryland that protects the solar owner?
property maryland
property maryland
edited Apr 12 at 15:03
feetwet♦
14.9k94499
asked Apr 12 at 1:12
ElaineElaine
16923
New contributor
Elaine is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
edited Apr 12 at 15:03
feetwet♦
14.9k94499
asked Apr 12 at 1:12
ElaineElaine
16923
New contributor
Elaine is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
edited Apr 12 at 15:03
feetwet♦
14.9k94499
edited Apr 12 at 15:03
feetwet♦
14.9k94499
edited Apr 12 at 15:03
feetwet♦
14.9k94499
14.9k94499
asked Apr 12 at 1:12
ElaineElaine
16923
New contributor
Elaine is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked Apr 12 at 1:12
ElaineElaine
16923
asked Apr 12 at 1:12
ElaineElaine
16923
16923
New contributor
Elaine is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
Elaine is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Elaine is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
33
Do you have any proof that the trees were planted specifically to block your panels?
– Greendrake
Apr 12 at 7:06
10
Also, the tree is there for two years already. Why did it only now become an issue?
– Deduplicator
Apr 12 at 11:17
18
neighbor probably didn't want to have to look at solar panels, would rather see trees.
– DavePhD
Apr 12 at 12:23
5
@DavePhD Seems like sound logic to me. I don't see anything wrong with what the neighbor did. I wouldn't want to look at a bunch of ugly solar panels either.
– only_pro
Apr 12 at 14:19
9
@only_pro If that was the issue a shorter tree/bush would do just as well... What the OP describes seems more like a spite fence
– Bakuriu
Apr 12 at 18:33
|
show 5 more comments
33
Do you have any proof that the trees were planted specifically to block your panels?
– Greendrake
Apr 12 at 7:06
10
Also, the tree is there for two years already. Why did it only now become an issue?
– Deduplicator
Apr 12 at 11:17
18
neighbor probably didn't want to have to look at solar panels, would rather see trees.
– DavePhD
Apr 12 at 12:23
5
@DavePhD Seems like sound logic to me. I don't see anything wrong with what the neighbor did. I wouldn't want to look at a bunch of ugly solar panels either.
– only_pro
Apr 12 at 14:19
9
@only_pro If that was the issue a shorter tree/bush would do just as well... What the OP describes seems more like a spite fence
– Bakuriu
Apr 12 at 18:33
33
33
Do you have any proof that the trees were planted specifically to block your panels?
– Greendrake
Apr 12 at 7:06
Do you have any proof that the trees were planted specifically to block your panels?
– Greendrake
Apr 12 at 7:06
10
10
Also, the tree is there for two years already. Why did it only now become an issue?
– Deduplicator
Apr 12 at 11:17
Also, the tree is there for two years already. Why did it only now become an issue?
– Deduplicator
Apr 12 at 11:17
18
18
neighbor probably didn't want to have to look at solar panels, would rather see trees.
– DavePhD
Apr 12 at 12:23
neighbor probably didn't want to have to look at solar panels, would rather see trees.
– DavePhD
Apr 12 at 12:23
5
5
@DavePhD Seems like sound logic to me. I don't see anything wrong with what the neighbor did. I wouldn't want to look at a bunch of ugly solar panels either.
– only_pro
Apr 12 at 14:19
@DavePhD Seems like sound logic to me. I don't see anything wrong with what the neighbor did. I wouldn't want to look at a bunch of ugly solar panels either.
– only_pro
Apr 12 at 14:19
9
9
@only_pro If that was the issue a shorter tree/bush would do just as well... What the OP describes seems more like a spite fence
– Bakuriu
Apr 12 at 18:33
@only_pro If that was the issue a shorter tree/bush would do just as well... What the OP describes seems more like a spite fence
– Bakuriu
Apr 12 at 18:33
|
show 5 more comments
2 Answers
2
active
oldest
votes
Maryland has no law requiring a neighbor to not plant / trim trees that might shade a solar panel (on the ground or on the roof). There are laws against deeds, declarations, covenants, contracts etc. (excepting registered historic properties) which prohibit of roof panels (e.g. as part of a HOA's rules). The law also recognizes the right to enter into an easement agreement, but that requires agreement by the neighbor. California has a law requiring tree trimming that would cover this case.
answered Apr 12 at 1:40
user6726user6726
62.8k457112
4
"There are laws against legal prohibition of roof panels" Confused by the "legal" in here. What does it mean? Would "There are laws against prohibition of [solar] roof panels" be the same?
– Azor Ahai
Apr 12 at 17:09
2
My reading of "laws against legal prohibition of X" is "laws against laws prohibiting X".
– shoover
Apr 12 at 21:41
@shoover: So, constitutional restrictions, then?
– Sean
Apr 13 at 3:47
1
@Sean: No, more like laws that make certain clauses in contracts unenforceable. For example, a condominium association can usually put legally binding restrictions on the sorts of improvements you make to your property; the law says that these restrictions can't prohibit you from installing solar panels.
– Michael Seifert
Apr 13 at 13:56
@Sean: Also, you have to bear in mind that there are several different layers of laws here. The state, for example, can preempt or block county and municipal ordinances.
– Kevin
Apr 13 at 15:08
add a comment |
I am not a lawyer. I do not fully know of the current case law or climate of this type of law in Maryland. The cause of action you are looking for is private nuisance.
“Section 821D of the Restatement (Second) of Torts (1979) defines a private nuisance as a nontrespassory invasion of another’s interest in the private use and enjoyment of land.” See Echard v. Kraft, part III (internal citations omitted).
“Nevertheless, not every interference with the use and enjoyment of land constitutes an actionable nuisance, inasmuch as the interference must be both substantial and unreasonable.” (Ibid)
The facts you have stated may be considered private nuisance, but generally I would think your case is on shaky grounds. To be successful this is not something you should delay in resolving in any way and you will definitely need to hire an attorney. The statue of limitations is generally 3 years so do not delay if you wish to bring a cause of action. After 3 years, you cannot do anything. You may still be able to bring a cause of action because you only realized the trees were a permanent condition two years ago. There are other reasons the statue of limitations may be overcome in this case, ie if temporary nuisance instead of permanent nuisance is established.
An attorney who has experience with this statue should assist you because there is a considerable amount of case law that needs to be evaluated to resolve the question of whether or not a suit should be brought. Additionally, an attorney may be helpful in evaluating if there are any other claims you could be successful in bringing.
I would definitely recommend against going to your neighbor and telling the neighbor you plan to sue him/her for nuisance and to fix the trees right now. Definitely do not file an action yourself as private nuisance seems to be very deferential to the defendant in Maryland and by hiring an attorney, the attorney representing you will be able to craft the best argument in favor of your claim.
answered Apr 12 at 14:32
ViktorViktor
2,1561626
12
Seems a bit hard to argue you thought the trees were temporary.
– Azor Ahai
Apr 12 at 17:10
2
Does the statute of limitations prohibit bringing a case where the cause of action began more than three years again, even if the cause of action still exists?
– Acccumulation
Apr 12 at 18:11
3
@Acccumulation based on my brief reading of caselaw it seems to suggest that it does prohibit. I can provide a citation later today.
– Viktor
Apr 12 at 18:24
12
@AzorAhai, you could reasonably argue that you didn't expect them to grow as tall as they did.
– Mark
Apr 12 at 21:25
1
@Acccumulation here is a link to some caselaw on the issue you asked about: mdcourts.gov/data/opinions/coa/2013/75a12.pdf
– Viktor
Apr 13 at 5:04
add a comment |
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2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
Maryland has no law requiring a neighbor to not plant / trim trees that might shade a solar panel (on the ground or on the roof). There are laws against deeds, declarations, covenants, contracts etc. (excepting registered historic properties) which prohibit of roof panels (e.g. as part of a HOA's rules). The law also recognizes the right to enter into an easement agreement, but that requires agreement by the neighbor. California has a law requiring tree trimming that would cover this case.
answered Apr 12 at 1:40
user6726user6726
62.8k457112
4
"There are laws against legal prohibition of roof panels" Confused by the "legal" in here. What does it mean? Would "There are laws against prohibition of [solar] roof panels" be the same?
– Azor Ahai
Apr 12 at 17:09
2
My reading of "laws against legal prohibition of X" is "laws against laws prohibiting X".
– shoover
Apr 12 at 21:41
@shoover: So, constitutional restrictions, then?
– Sean
Apr 13 at 3:47
1
@Sean: No, more like laws that make certain clauses in contracts unenforceable. For example, a condominium association can usually put legally binding restrictions on the sorts of improvements you make to your property; the law says that these restrictions can't prohibit you from installing solar panels.
– Michael Seifert
Apr 13 at 13:56
@Sean: Also, you have to bear in mind that there are several different layers of laws here. The state, for example, can preempt or block county and municipal ordinances.
– Kevin
Apr 13 at 15:08
add a comment |
Maryland has no law requiring a neighbor to not plant / trim trees that might shade a solar panel (on the ground or on the roof). There are laws against deeds, declarations, covenants, contracts etc. (excepting registered historic properties) which prohibit of roof panels (e.g. as part of a HOA's rules). The law also recognizes the right to enter into an easement agreement, but that requires agreement by the neighbor. California has a law requiring tree trimming that would cover this case.
answered Apr 12 at 1:40
user6726user6726
62.8k457112
4
"There are laws against legal prohibition of roof panels" Confused by the "legal" in here. What does it mean? Would "There are laws against prohibition of [solar] roof panels" be the same?
– Azor Ahai
Apr 12 at 17:09
2
My reading of "laws against legal prohibition of X" is "laws against laws prohibiting X".
– shoover
Apr 12 at 21:41
@shoover: So, constitutional restrictions, then?
– Sean
Apr 13 at 3:47
1
@Sean: No, more like laws that make certain clauses in contracts unenforceable. For example, a condominium association can usually put legally binding restrictions on the sorts of improvements you make to your property; the law says that these restrictions can't prohibit you from installing solar panels.
– Michael Seifert
Apr 13 at 13:56
@Sean: Also, you have to bear in mind that there are several different layers of laws here. The state, for example, can preempt or block county and municipal ordinances.
– Kevin
Apr 13 at 15:08
add a comment |
Maryland has no law requiring a neighbor to not plant / trim trees that might shade a solar panel (on the ground or on the roof). There are laws against deeds, declarations, covenants, contracts etc. (excepting registered historic properties) which prohibit of roof panels (e.g. as part of a HOA's rules). The law also recognizes the right to enter into an easement agreement, but that requires agreement by the neighbor. California has a law requiring tree trimming that would cover this case.
answered Apr 12 at 1:40
user6726user6726
62.8k457112
Maryland has no law requiring a neighbor to not plant / trim trees that might shade a solar panel (on the ground or on the roof). There are laws against deeds, declarations, covenants, contracts etc. (excepting registered historic properties) which prohibit of roof panels (e.g. as part of a HOA's rules). The law also recognizes the right to enter into an easement agreement, but that requires agreement by the neighbor. California has a law requiring tree trimming that would cover this case.
answered Apr 12 at 1:40
user6726user6726
62.8k457112
edited Apr 12 at 17:24
answered Apr 12 at 1:40
user6726user6726
62.8k457112
answered Apr 12 at 1:40
user6726user6726
62.8k457112
answered Apr 12 at 1:40
user6726user6726
62.8k457112
62.8k457112
4
"There are laws against legal prohibition of roof panels" Confused by the "legal" in here. What does it mean? Would "There are laws against prohibition of [solar] roof panels" be the same?
– Azor Ahai
Apr 12 at 17:09
2
My reading of "laws against legal prohibition of X" is "laws against laws prohibiting X".
– shoover
Apr 12 at 21:41
@shoover: So, constitutional restrictions, then?
– Sean
Apr 13 at 3:47
1
@Sean: No, more like laws that make certain clauses in contracts unenforceable. For example, a condominium association can usually put legally binding restrictions on the sorts of improvements you make to your property; the law says that these restrictions can't prohibit you from installing solar panels.
– Michael Seifert
Apr 13 at 13:56
@Sean: Also, you have to bear in mind that there are several different layers of laws here. The state, for example, can preempt or block county and municipal ordinances.
– Kevin
Apr 13 at 15:08
add a comment |
4
"There are laws against legal prohibition of roof panels" Confused by the "legal" in here. What does it mean? Would "There are laws against prohibition of [solar] roof panels" be the same?
– Azor Ahai
Apr 12 at 17:09
2
My reading of "laws against legal prohibition of X" is "laws against laws prohibiting X".
– shoover
Apr 12 at 21:41
@shoover: So, constitutional restrictions, then?
– Sean
Apr 13 at 3:47
1
@Sean: No, more like laws that make certain clauses in contracts unenforceable. For example, a condominium association can usually put legally binding restrictions on the sorts of improvements you make to your property; the law says that these restrictions can't prohibit you from installing solar panels.
– Michael Seifert
Apr 13 at 13:56
@Sean: Also, you have to bear in mind that there are several different layers of laws here. The state, for example, can preempt or block county and municipal ordinances.
– Kevin
Apr 13 at 15:08
4
4
"There are laws against legal prohibition of roof panels" Confused by the "legal" in here. What does it mean? Would "There are laws against prohibition of [solar] roof panels" be the same?
– Azor Ahai
Apr 12 at 17:09
"There are laws against legal prohibition of roof panels" Confused by the "legal" in here. What does it mean? Would "There are laws against prohibition of [solar] roof panels" be the same?
– Azor Ahai
Apr 12 at 17:09
2
2
My reading of "laws against legal prohibition of X" is "laws against laws prohibiting X".
– shoover
Apr 12 at 21:41
My reading of "laws against legal prohibition of X" is "laws against laws prohibiting X".
– shoover
Apr 12 at 21:41
@shoover: So, constitutional restrictions, then?
– Sean
Apr 13 at 3:47
@shoover: So, constitutional restrictions, then?
– Sean
Apr 13 at 3:47
1
1
@Sean: No, more like laws that make certain clauses in contracts unenforceable. For example, a condominium association can usually put legally binding restrictions on the sorts of improvements you make to your property; the law says that these restrictions can't prohibit you from installing solar panels.
– Michael Seifert
Apr 13 at 13:56
@Sean: No, more like laws that make certain clauses in contracts unenforceable. For example, a condominium association can usually put legally binding restrictions on the sorts of improvements you make to your property; the law says that these restrictions can't prohibit you from installing solar panels.
– Michael Seifert
Apr 13 at 13:56
@Sean: Also, you have to bear in mind that there are several different layers of laws here. The state, for example, can preempt or block county and municipal ordinances.
– Kevin
Apr 13 at 15:08
@Sean: Also, you have to bear in mind that there are several different layers of laws here. The state, for example, can preempt or block county and municipal ordinances.
– Kevin
Apr 13 at 15:08
add a comment |
I am not a lawyer. I do not fully know of the current case law or climate of this type of law in Maryland. The cause of action you are looking for is private nuisance.
“Section 821D of the Restatement (Second) of Torts (1979) defines a private nuisance as a nontrespassory invasion of another’s interest in the private use and enjoyment of land.” See Echard v. Kraft, part III (internal citations omitted).
“Nevertheless, not every interference with the use and enjoyment of land constitutes an actionable nuisance, inasmuch as the interference must be both substantial and unreasonable.” (Ibid)
The facts you have stated may be considered private nuisance, but generally I would think your case is on shaky grounds. To be successful this is not something you should delay in resolving in any way and you will definitely need to hire an attorney. The statue of limitations is generally 3 years so do not delay if you wish to bring a cause of action. After 3 years, you cannot do anything. You may still be able to bring a cause of action because you only realized the trees were a permanent condition two years ago. There are other reasons the statue of limitations may be overcome in this case, ie if temporary nuisance instead of permanent nuisance is established.
An attorney who has experience with this statue should assist you because there is a considerable amount of case law that needs to be evaluated to resolve the question of whether or not a suit should be brought. Additionally, an attorney may be helpful in evaluating if there are any other claims you could be successful in bringing.
I would definitely recommend against going to your neighbor and telling the neighbor you plan to sue him/her for nuisance and to fix the trees right now. Definitely do not file an action yourself as private nuisance seems to be very deferential to the defendant in Maryland and by hiring an attorney, the attorney representing you will be able to craft the best argument in favor of your claim.
answered Apr 12 at 14:32
ViktorViktor
2,1561626
12
Seems a bit hard to argue you thought the trees were temporary.
– Azor Ahai
Apr 12 at 17:10
2
Does the statute of limitations prohibit bringing a case where the cause of action began more than three years again, even if the cause of action still exists?
– Acccumulation
Apr 12 at 18:11
3
@Acccumulation based on my brief reading of caselaw it seems to suggest that it does prohibit. I can provide a citation later today.
– Viktor
Apr 12 at 18:24
12
@AzorAhai, you could reasonably argue that you didn't expect them to grow as tall as they did.
– Mark
Apr 12 at 21:25
1
@Acccumulation here is a link to some caselaw on the issue you asked about: mdcourts.gov/data/opinions/coa/2013/75a12.pdf
– Viktor
Apr 13 at 5:04
add a comment |
I am not a lawyer. I do not fully know of the current case law or climate of this type of law in Maryland. The cause of action you are looking for is private nuisance.
“Section 821D of the Restatement (Second) of Torts (1979) defines a private nuisance as a nontrespassory invasion of another’s interest in the private use and enjoyment of land.” See Echard v. Kraft, part III (internal citations omitted).
“Nevertheless, not every interference with the use and enjoyment of land constitutes an actionable nuisance, inasmuch as the interference must be both substantial and unreasonable.” (Ibid)
The facts you have stated may be considered private nuisance, but generally I would think your case is on shaky grounds. To be successful this is not something you should delay in resolving in any way and you will definitely need to hire an attorney. The statue of limitations is generally 3 years so do not delay if you wish to bring a cause of action. After 3 years, you cannot do anything. You may still be able to bring a cause of action because you only realized the trees were a permanent condition two years ago. There are other reasons the statue of limitations may be overcome in this case, ie if temporary nuisance instead of permanent nuisance is established.
An attorney who has experience with this statue should assist you because there is a considerable amount of case law that needs to be evaluated to resolve the question of whether or not a suit should be brought. Additionally, an attorney may be helpful in evaluating if there are any other claims you could be successful in bringing.
I would definitely recommend against going to your neighbor and telling the neighbor you plan to sue him/her for nuisance and to fix the trees right now. Definitely do not file an action yourself as private nuisance seems to be very deferential to the defendant in Maryland and by hiring an attorney, the attorney representing you will be able to craft the best argument in favor of your claim.
answered Apr 12 at 14:32
ViktorViktor
2,1561626
12
Seems a bit hard to argue you thought the trees were temporary.
– Azor Ahai
Apr 12 at 17:10
2
Does the statute of limitations prohibit bringing a case where the cause of action began more than three years again, even if the cause of action still exists?
– Acccumulation
Apr 12 at 18:11
3
@Acccumulation based on my brief reading of caselaw it seems to suggest that it does prohibit. I can provide a citation later today.
– Viktor
Apr 12 at 18:24
12
@AzorAhai, you could reasonably argue that you didn't expect them to grow as tall as they did.
– Mark
Apr 12 at 21:25
1
@Acccumulation here is a link to some caselaw on the issue you asked about: mdcourts.gov/data/opinions/coa/2013/75a12.pdf
– Viktor
Apr 13 at 5:04
add a comment |
I am not a lawyer. I do not fully know of the current case law or climate of this type of law in Maryland. The cause of action you are looking for is private nuisance.
“Section 821D of the Restatement (Second) of Torts (1979) defines a private nuisance as a nontrespassory invasion of another’s interest in the private use and enjoyment of land.” See Echard v. Kraft, part III (internal citations omitted).
“Nevertheless, not every interference with the use and enjoyment of land constitutes an actionable nuisance, inasmuch as the interference must be both substantial and unreasonable.” (Ibid)
The facts you have stated may be considered private nuisance, but generally I would think your case is on shaky grounds. To be successful this is not something you should delay in resolving in any way and you will definitely need to hire an attorney. The statue of limitations is generally 3 years so do not delay if you wish to bring a cause of action. After 3 years, you cannot do anything. You may still be able to bring a cause of action because you only realized the trees were a permanent condition two years ago. There are other reasons the statue of limitations may be overcome in this case, ie if temporary nuisance instead of permanent nuisance is established.
An attorney who has experience with this statue should assist you because there is a considerable amount of case law that needs to be evaluated to resolve the question of whether or not a suit should be brought. Additionally, an attorney may be helpful in evaluating if there are any other claims you could be successful in bringing.
I would definitely recommend against going to your neighbor and telling the neighbor you plan to sue him/her for nuisance and to fix the trees right now. Definitely do not file an action yourself as private nuisance seems to be very deferential to the defendant in Maryland and by hiring an attorney, the attorney representing you will be able to craft the best argument in favor of your claim.
answered Apr 12 at 14:32
ViktorViktor
2,1561626
I am not a lawyer. I do not fully know of the current case law or climate of this type of law in Maryland. The cause of action you are looking for is private nuisance.
“Section 821D of the Restatement (Second) of Torts (1979) defines a private nuisance as a nontrespassory invasion of another’s interest in the private use and enjoyment of land.” See Echard v. Kraft, part III (internal citations omitted).
“Nevertheless, not every interference with the use and enjoyment of land constitutes an actionable nuisance, inasmuch as the interference must be both substantial and unreasonable.” (Ibid)
The facts you have stated may be considered private nuisance, but generally I would think your case is on shaky grounds. To be successful this is not something you should delay in resolving in any way and you will definitely need to hire an attorney. The statue of limitations is generally 3 years so do not delay if you wish to bring a cause of action. After 3 years, you cannot do anything. You may still be able to bring a cause of action because you only realized the trees were a permanent condition two years ago. There are other reasons the statue of limitations may be overcome in this case, ie if temporary nuisance instead of permanent nuisance is established.
An attorney who has experience with this statue should assist you because there is a considerable amount of case law that needs to be evaluated to resolve the question of whether or not a suit should be brought. Additionally, an attorney may be helpful in evaluating if there are any other claims you could be successful in bringing.
I would definitely recommend against going to your neighbor and telling the neighbor you plan to sue him/her for nuisance and to fix the trees right now. Definitely do not file an action yourself as private nuisance seems to be very deferential to the defendant in Maryland and by hiring an attorney, the attorney representing you will be able to craft the best argument in favor of your claim.
answered Apr 12 at 14:32
ViktorViktor
2,1561626
answered Apr 12 at 14:32
ViktorViktor
2,1561626
answered Apr 12 at 14:32
ViktorViktor
2,1561626
answered Apr 12 at 14:32
ViktorViktor
2,1561626
2,1561626
12
Seems a bit hard to argue you thought the trees were temporary.
– Azor Ahai
Apr 12 at 17:10
2
Does the statute of limitations prohibit bringing a case where the cause of action began more than three years again, even if the cause of action still exists?
– Acccumulation
Apr 12 at 18:11
3
@Acccumulation based on my brief reading of caselaw it seems to suggest that it does prohibit. I can provide a citation later today.
– Viktor
Apr 12 at 18:24
12
@AzorAhai, you could reasonably argue that you didn't expect them to grow as tall as they did.
– Mark
Apr 12 at 21:25
1
@Acccumulation here is a link to some caselaw on the issue you asked about: mdcourts.gov/data/opinions/coa/2013/75a12.pdf
– Viktor
Apr 13 at 5:04
add a comment |
12
Seems a bit hard to argue you thought the trees were temporary.
– Azor Ahai
Apr 12 at 17:10
2
Does the statute of limitations prohibit bringing a case where the cause of action began more than three years again, even if the cause of action still exists?
– Acccumulation
Apr 12 at 18:11
3
@Acccumulation based on my brief reading of caselaw it seems to suggest that it does prohibit. I can provide a citation later today.
– Viktor
Apr 12 at 18:24
12
@AzorAhai, you could reasonably argue that you didn't expect them to grow as tall as they did.
– Mark
Apr 12 at 21:25
1
@Acccumulation here is a link to some caselaw on the issue you asked about: mdcourts.gov/data/opinions/coa/2013/75a12.pdf
– Viktor
Apr 13 at 5:04
12
12
Seems a bit hard to argue you thought the trees were temporary.
– Azor Ahai
Apr 12 at 17:10
Seems a bit hard to argue you thought the trees were temporary.
– Azor Ahai
Apr 12 at 17:10
2
2
Does the statute of limitations prohibit bringing a case where the cause of action began more than three years again, even if the cause of action still exists?
– Acccumulation
Apr 12 at 18:11
Does the statute of limitations prohibit bringing a case where the cause of action began more than three years again, even if the cause of action still exists?
– Acccumulation
Apr 12 at 18:11
3
3
@Acccumulation based on my brief reading of caselaw it seems to suggest that it does prohibit. I can provide a citation later today.
– Viktor
Apr 12 at 18:24
@Acccumulation based on my brief reading of caselaw it seems to suggest that it does prohibit. I can provide a citation later today.
– Viktor
Apr 12 at 18:24
12
12
@AzorAhai, you could reasonably argue that you didn't expect them to grow as tall as they did.
– Mark
Apr 12 at 21:25
@AzorAhai, you could reasonably argue that you didn't expect them to grow as tall as they did.
– Mark
Apr 12 at 21:25
1
1
@Acccumulation here is a link to some caselaw on the issue you asked about: mdcourts.gov/data/opinions/coa/2013/75a12.pdf
– Viktor
Apr 13 at 5:04
@Acccumulation here is a link to some caselaw on the issue you asked about: mdcourts.gov/data/opinions/coa/2013/75a12.pdf
– Viktor
Apr 13 at 5:04
add a comment |
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33
Do you have any proof that the trees were planted specifically to block your panels?
– Greendrake
Apr 12 at 7:06
10
Also, the tree is there for two years already. Why did it only now become an issue?
– Deduplicator
Apr 12 at 11:17
18
neighbor probably didn't want to have to look at solar panels, would rather see trees.
– DavePhD
Apr 12 at 12:23
5
@DavePhD Seems like sound logic to me. I don't see anything wrong with what the neighbor did. I wouldn't want to look at a bunch of ugly solar panels either.
– only_pro
Apr 12 at 14:19
9
@only_pro If that was the issue a shorter tree/bush would do just as well... What the OP describes seems more like a spite fence
– Bakuriu
Apr 12 at 18:33