Contact a Davey arborist to get started and receive a free pruning consultation.
Not in Massachusetts, National Law Review, February 8, Explains the holding in Shiel v. Rowell: If a tree is healthy, a property owner does not have to cut it down or trim it to please a neighbor. If branches or roots cross a property line, the neighbors can cut them themselves. Jun 28, No! Crossing property lines to trim or cut down a tree is not something you or your arborist can do.
Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. If you do go onto a neighbor’s property or harm the tree, you could be liable for double or triple the value of the tree! Jul 28, Beneath Massachusetts common law, you could get rid of branches of your neighbor’s tree spreading over your land line so long as you don’t damage or kill a tree. Likewise, your neighbor has no responsibility for roots budding into your lawn and triggering shrublopping.clubs: 1.
Jan 31, The court was careful to note that under the Massachusetts Rule, property owners still maintain control over their own property; if the branches or roots of a neighbor’s tree cross a property line, the property owner is entitled to cut them. Aug 06, You can ask the neighbor to cut the entire tree down on his property and over yours, but he can refuse and its dubious whether the tree can be called an unreasonable nuisance which must be removed because its leaves get your pool dirty.
If you kill the tree by messing with its roots you may be liable to your neighbor for trespass and vandalism. Dec 01, Plus, most property owners do not have a right to a view or sunlight. So there are few instances where you can force a neighbor to trim or cut down a healthy tree.
However, when a neighbor's tree growth begins to interrupt the use and enjoyment of your property and a private resolution can't be reached, you can bring a private nuisance claim. Mar 25, In the case of Rony v Costa, a property owner hired an unlicensed day laborer to trim limbs that crossed his property line from a neighboring tree. Instead of researching the issue, the day laborer was turned loose on the trees like Jason in Friday the 13th.
Except the trees were the unlucky cabin campers. Jun 14, If my neighbor's tree branches hang over my yard, can I trim them?
By law, you have the right to trim branches and limbs that extend past the property line. However, the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbor's property or destroy the tree.