Homeowners Sue to Save Their Trees

Trees provide leafy shade and sometimes bear fruit for generations. But they can also be a huge source of litigation. Often, the cases pit neighbor against neighbor in a battle over tree-related damage. A recent lawsuit in Potomac, Maryland, however, has united a community against a common foea utility company seeking to cut down trees literally in their own back yards.

Homeowners in Potomac Crest have sued Pepco in the Montgomery County Circuit Court to stop it from felling over 100 trees on their private property. One homeowner pointed to 28 trees surrounding his house, all slated for destruction.

Pepco insists the trees are a threat to power lines that run near the homes, some high-voltage. It says it owns not just the property on which its lines run but the right to trim or remove trees on nearby property that, in its sole judgment, interfere with its poles or transmission lines. Relying on a 1959 Maryland Court decision, Pepcoclaims the right to cut down trees 75 feet beyond its property line.

The Potomac Crest homeowner’s association offered to pay for the trimming and maintenance of the trees, but the utility declined the offer.

For now, a Circuit Court judge has granted the homeowners’ request for a Temporary Restraining Order (TRO). Under the TRO, Pepco can cut down trees on its property, but not on the property of homeowners.

In one instance, Pepco workers attempted to cut down a tree in a homeowner’s back yard, claiming they had a work order to do so. A homeowner placed himself between the tree-cutters and the trees. Pepco says it is complying and is limiting its work to its side of the property line. It also insists that the tree-cutting is essential to providing electricity to tens of thousands of homes, as well as to schools and hospitals. It remains to be seen whether a band of homeowners can stop them.

Emotions often run high in disputes over trees and property lines. Having a public utility as an opponent can be especially challenging. If you are involved in a land dispute of any kind, you need expert real estate lawyers standing with you and protecting your rights. The Bethseda and Rockville, Maryland real estate litigation attorneys at Longman & Van Grack have expertise handling all types of real estate, land use and property line disputes. Contact us today at (301) 291-5027 to schedule a free consultation.