Melnick v. C.S.X. Corp.

ALPERT, Judge.

The case before us is one of first impression in Maryland. It presents one simple question for our resolution:

Whether a landowner in a developed or urban area has a cause of action against the adjoining property owner when tree limbs, vines and leaves, which originate from the latter’s property, cause injury to the former’s property-

We hold that under the circumstances of the instant case, there is no cause of action and that the only available remedy is the Massachusetts Rule of Self-Help. Thus, the trial court was correct in granting the defendant’s motion for summary judgment.