My neighbor has an enormous Norway maple which is more then 4 stories high and whose canopy spans over several backyards. A large limb from this overgrown tree fell on my yard causing property damage. I sent the neighbor an official letter (notarized & certified) that this tree needs to be trimmed or removed as it has caused damage. 6 mos. later, the neighbor trimmed the tree on his side of the property line only, and only as high as his ladder would reach. Another branch will fall on my property; it's just a matter of time. Given that I have notified the neighbor of the hazards of this unkempt tree (he's never paid to have it maintained - I have paid to have my side trimmed) next time a large branch falls and causes damage can I 1) go after his insurance as he is negligent for not having maintained the tree or 2) take him to court and sue for damages?
Submitted by Tosa on Wed, 05/04/2011 - 20:04
Posted in
Overhanging branches and MA law
As discussed in this post regarding neighbors and trees, Massachusetts law does not make the owners of trees liable for damage caused by those trees unless the owner has some reason to know that the tree causes an unusual risk, such as a diseased tree. However, as also discussed in several posts on this forum, MA law gives you the right to prune back branches that overhang your property, as long as you do it in a way that does not harm the tree.
Notice given to neighbor regarding overgrown tree
Thank you for your response. As for the neighbor's tree "causing an unusual risk", I have had damage done by a large falling branch from this tree and subsequently gave the neighbor written notice (notarized, certified) that falling branches from this tree present a danger to both property and person.
Does my written notice to this neighbor give the neighbor "some reason to know" of the dangers of this tree?
Thank you for your time.
Damage caused by tree
I can't say for sure how a judge would rule, but I think what you have done is given your neighbor notice of the obvious: Sometimes, branches fall from trees and cause damage. Again, I think the issue is whether the neighbor had notice of an unusual situation, such as disease, that makes the tree more dangerous than any other tree.
Hazardous tree/court ruling
Facts:
Neighbor's tree has been evaluated as "hazardous and in need of immediate removal" by certified arborist. I took neighbor to court to get court order for him to remove tree. Court ruling: "neighbor must grant me permission to come in and remove tree."
In other words: I have to pay for it????? That's $2,000! The issue of expense was not dealt with in the ruling. Could I remove the tree and take neighbor to small claims court for removal fees?
Tree
Well . . . hard to say without seeing the pleadings and the order but either: (1) you didn't ask for the proper remedy (forcing the neighbor to remove the nuisance); (2) the court declined to award the desired remedy; or (3) the remedy is not available under MA law. In any case, if the order does not require the neighbor to reimburse you for the removal of the tree, you may be out of luck.
However, you should certainly send a certified letter with a copy of the arborist report to the neighbor to put him on notice of the dangerous condition. Then, if a branch falls and damages your house or car, you will have a strong claim for damages from the neighbor. Good luck.
Wording of ruling: am I REQUIRED to remove tree?
Court ruling verbage:
"...it is hereby ordered that the defendant shall grant reasonable rights of entry to the plaintiff and her necessary agents to come upon his property for purposes of cabling, or other approved preventive procedures...including total tree removal."
Court order re diseased tree
No, you are not required to do anything.
"Motion for Clarification"
You've been so helpful and have caused my blood pressure to drop considerably!
I was told by the court clerk to file a "motion for clarification", as clerk agreed the issue of who covers the expense of removal was not addressed in the ruling.
Do you have suggestions as to how I might word this motion? I propose either:
a) I ask that neighbor be held responsible for the expense of removing his own tree (or reimburse me....)
b) I ask that the judge allow me the opportunity to pursue reimbursement of tree-removal-related expenses from neighbor (i.e. small claims court).
I would ask that the judge consider that this tree endangers property and human life in 3 separate but adjacent property zones (not just mine!) and that I have already paid to have the tree trimmed. Neighbor, on whose property the tree stands, has not.
Represented self at hearing
I see what I think is the problem. On the original "summons and order of notice" I requested "order removal of hazardous tree." So, basically I got what I asked for.
Is it possible for me to amend the original "summons and order of notice" as "order removal of hazardous tree, to be arranged by and at the complete expense of the owner of the tree"
I am within the period in which I am able to file a "motion of reconsideration."
Thank you.