The neighbor is probably responsible for the removal of the tree.
Martha's Vineyard property owners and their tree contractor cut down ten mature trees on a neighbor's property to improve their own view of the ocean.
The court upheld a jury award granting the wronged property owner the 30, replacement cost of the trees, rather than damages measured by the worth of the timber or diminution of the property's value. Jul 20, A word of caution about cutting down portions of a tree on your property: while it is permissible to cut back portions of an intruding tree, Massachusetts law imposes steep penalties for willfully cutting down or destroying trees on another’s land.
With this in mind, one should use extra caution in dealing with an encroaching stumplopping.clubted Reading Time: 3 mins. Oct 25, The Massachusetts SJC reiterated the long-standing law that pronounces that the neighbor shouldn’t be held liable by the landowner if it was a properly maintained and healthy tree. Since the tree was adequately maintained, hence the damage resulted from the tree won’t be the tree. Sep 09, “The failure of a landowner to prevent the blowing or dropping of leaves, branches, and sap from a healthy tree onto a neighbor’s property is not unreasonable and cannot be the basis of a finding of negligence or private nuisance.
Of course, a neighbor has the right to remove so much of the tree as overhangs his stumplopping.clubted Reading Time: 6 mins. Aug 29, Massachusetts Fallen Tree Law. Given all the trees and branches which fell across New England, the pressing question of the day is, clearly, who is responsible if my neighbor’s tree or tree branch fell on my house, car, shed, patio, tree removal images, Fishkill NY, etc.
during the storm? The short answer is that, legally speaking, your neighbor is not liable for a healthy tree falling down during a major storm event.
If the trunk of the tree is on your property, you own it. If the trunk of the tree on your neighbors' property, they own it, no matter how much of the canopy overhangs the property line.
If the trunk of the tree is directly on the property line (a"boundary tree"), both you and your neighbors jointly own the tree. Sep 18, When Your Neighbor’s Policy Covers the Loss. If your tree falls onto your neighbor’s property, the first thing your neighbor should do is submit a claim with his or her own insurance company. Their insurance firm will usually be responsible and will handle all damages. If the tree fell due to nature, it’s almost always the case that the.