Baltimore, MD asked in Real Estate Law for Maryland

Q: I live in Baltimore a neighbors Ivy had damaged windows and is growing onto my deck can I have them remove it

the ivy is creeping onto and under my roof and has punched holes in window screens. I didn't plant this Ivy and don't want to have to pay for its removal every year

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Maryland

A: First, you can cut the ivy right back to the property line, and cut it back any time it is on your property even if the effect of that is to kill the vine. You may also be able to poison it on your property even if the vine carries that poison back to the roots and kills the plant. If you can find such a poison for that ivy, you can tell your neighbor that you will use it unless he gets his plant off your land.

Your best argument to make it your neighbor’s responsibility is to show that the ivy vine meets the definition of a nuisance. You should look up the elements and make out the argument of how you can meet them. It will be an uphill fight.

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