Submitted by ElanMc on Mon, 04/12/2010 - 08:59
Posted in
I have a very old tree on my property that is rotten in one or two places. I don't think the thing is going to fall, but who knows. I like the tree. The tree is close o my neighbor's house and he keeps telling me that the law in Massachusetts says I have to take the tree down. Is that so? Is there some MA law that says it has to go? Thanks.
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Editor's Response
I don't know of any law in MA that requires you to remove a tree located on your land. However, if the tree is sick or dead and likely to fall, and if you have notice of that likelihood, and the tree falls and causes injury or property damage, you may be civil liable to those people who were injured or who owned the property that was damaged. Follow this link for more information about your liability regarding a tree on the property line.
In order to help avoid civil liability, you may want to have an arborist come and inspect the tree, give her opinion about its condition, and tell you whether the tree can be saved. Good luck. For more information about trees and overhanging branches, visit our Massachusetts Real Estate Law Discussion Forum.