I live in a neighborhood with many quarter acre lots. My neighbor has a large tree that is near our property line, about ten feet from my lot and 15 feet from the sidewalk. Several branches have fallen from the tree because it is dying. I'm not an expert, but only about half of the branches have leaves and the thing just looks bad. I've asked the neighbor to take the tree down because I'm worried about my car in my driveway and depending on how it fell it might also hit my house. He keeps telling me not to worry about it but he does nothing. Two questions. Does Massachusetts law allow me to force him to cut down the tree because it's dangerous? If not and the thing falls on my car can I sue him for damages? I should add that none of the branches of the tree really hang over my property, so I can't cut them off. Thank you.
Submitted by KKM on Wed, 08/17/2011 - 07:46
Posted in
Dying tree by property line
I don't know of any law in Massachusetts that would allow you to enter the neighbor's property and take down his tree. However, you might try talking to your town or city about the issue. If the tree is close to a sidewalk, as you say, the town may have an interest in taking it down or in forcing your neighbor to take it down, depending on local laws where you live. I don't know of any specific examples, but some communities do prohibit property owners from maintaining dangerous conditions on their private property.
As discussed in other posts on this forum, the owner of a tree can be liable for damage caused by a fallen tree, if the owner had notice of the dangerous condition. If the tree fell on your car or house, you would probably file a claim with your insurance company (rather than taking legal action against your neighbor). It is possible that your car or home insurance company would then seek reimbursement from you neighbor or from his insurance company. Good luck.