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The rains come down, leaving trees down, basements flooded and gutters clogged. One neighbor blames another. Who?EUR??,,????'???s at fault?
“Welcome to the complex, situational world of property law,” said Audrey McFarlane, associate professor at University of Baltimore School of Law.
Laws and ordinances vary across the country. A few pieces of advice will hold true in most areas, however.
Where to begin? “Whip that insurance policy out,” D.C. real estate lawyer Craig Ellis said. “Study it. Even then, expect your agent or policy to quibble with you.”
Our basement flooded because our neighbor’s downspout diverters are aimed at our house. Is there anything we can do?
It depends on where you live, said J. Peter Byrne, a Georgetown University Law Center professor.
Ellis recommended a reputable landscape architect or environmental engineer for guidance. “They’ll make excellent expert witnesses,” he said. “Expensive, too.”
Know your local ordinances, said Ilya Somin, a professor at George Mason University School of Law. He said the laws can vary from area to area.
My tree fell on the neighbor’s property. Am I responsible?
Probably not, if the tree was healthy, real estate lawyer Jeffrey Nadel said. “Trees are falling in our area because the ground is saturated. You are not responsible for an act of God, because if you were, you would be God.”
You are negligent if the tree was diseased or somehow unsafe.
The D.C. government is responsible for damage from curbside trees “if they were previously made aware that the tree had some problem,” Ellis said. “Case law says you have to call and put them on notice: ‘Look, this tree is leaning precariously, or it’s diseased.’ ”
Debris from my neighbor’s tree clogged my gutters.
You have no claim under Maryland — and most other states?EUR??,,????'??? ?EUR??,,????'??+ case law if the tree deposits debris and otherwise does damage to your house, said real estate lawyer Scott Nadel.
Source: Washington Post
Francisco Uviña, University of New Mexico
Hardscape Oasis in Litchfield Park
Ash Nochian, Ph.D. Landscape Architect
November 12th, 2025
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