Asked in Real Estate Law for Massachusetts

Q: My property and fence have been intermittently damaged over the past 4 years by dead trees and vines from a property

adjacent to it. Originally we thought it was town property because it has no structure and is just woods. I recently found out it is privately owned. Are they responsible for damage and or necessary protective measures?

The property is unattended, and I haven't seen anyone near it for over 11 years

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
Answered
  • Woburn, MA
  • Licensed in Massachusetts

A: Be careful. While it seems a general rule that you can cut branches and vines overhanging onto your property, but not the trees and plants owned by another person or entity! Do note that there is a substantial statutory penalty for cutting down someone else's trees here in Massachusetts so proceed with caution! Before trimming overhanging branches don't make a mistake as to where your boundary line is! You should have a surveyor involved first. If you have property damage your home owners insurer should be contacted.

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