In this case, you may have questions about your rights regarding the portion.
Martha's Vineyard property owners and their tree contractor cut down ten mature trees on a neighbor's property to improve their own view of the ocean. The court upheld a jury award granting the wronged property owner the 30, replacement cost of the trees, rather than damages measured by the worth of the timber or diminution of the property.
Mar 26, Let’s look back at how the courts have ruled on this issue so we have a better understanding of the legal ramifications.
In the case of Booska v. Patel, Patel (the neighbor) hired a contractor to remove the roots from the large Monterey pine his neighbor (Booska) owned. Patel claimed the roots had started to damage concrete around his 5/5. Absolutely do not go onto your neighbor’s property to cut down a tree or trim back branches or roots. The Massachusetts trespass to trees statute, G.
L. c.§ 7, provides for TRIPLE damages against anyone that willfully cuts down, carries away or otherwise destroys a tree. Can I Legally Trim My Neighbor’s Overhanging Tree Branches?
But before you get the trimmer out, check your local zoning code just to be sure.
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. After all, you never know when you might need to borrow a cup of sugar! As a property owner, you do have legal rights when it comes to your neighbor's trees, but non-litigious options may result in a better outcome.
Can I trim my neighbor's trees or plants? The first thing you need to know is that where the roots are, the rights are. Conflicts involving trees and neighbors can usually be avoided if you know your rights and have an understanding with your neighbor. Here, we’ll discuss the most common questions most homeowners have when it comes to trimming branches and trees that also belong to their neighbors.
Can I Legally Trim Overhanging Branches From My Neighbors Yard? Can I Legally Trim My Neighbor’s Overhanging Tree Branches? Patel, Patel (the neighbor) hired a contractor to remove the roots from the large Monterey pine his neighbor (Booska) owned.
Patel claimed the roots had started to damage concrete around his property. The contractor dug a 3′ trench along the property line, effectively severing a. Nov 02, Overhanging Branches on Your Property. Even if the tree trunk is on your neighbor’s property, you have the responsibility for cutting any branches that extend onto your property line.
You are responsible for the cost of cutting any branches you choose to trim. You can cut back anything up to your property line. The Nolo book Neighbor Law, by Cora Jordan and Emily Doskow, provides extensive advice on tree-related law and liability issues involving invading branches, damage from an unsound tree, boundary trees, and more, including how mediation or small claims court can help resolve tree.