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

Related Topics:
1 Lawyer Answer

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.