Cities regularly prune and prune trees on municipal property or when threatening urban properties. Kurtigan v. City of Worcester, 348 Mass. 284 (1965)The city was held liable for damage caused by the branches of a dead tree falling from land that the city had acquired due to non-payment of taxes. “Public order in a civilized community requires that there be someone who is held responsible for a private nuisance on property, and that there be no oasis of irresponsibility, especially in an urban area, where a private nuisance can be maintained with impunity.” MGL c.242, § 7 Intentional entry on trees, etc.; Infringements are liable “to the owner in tort for three times the amount of damage determined for him”. These trees are essentially on our neighbors` land, so we don`t feel responsible for preserving them. However, our neighbour feels it is our responsibility as they are part of the “hedge line” to the left of our property when seen from the front. Who is right? Neighbors are free to cut branches that extend into their property, but can be held responsible for any pruning outside the property line. And if a neighbor damages your tree, even unintentionally, they can be held liable up to three times the replacement value. However, neighbors are not free to pick fruit from nearby trees, even if they are hanging over their property. If the trees are subject to a conservation order, this indicates that the property is not allowed to light up, as it has not had an uninterrupted period of daylight for at least 20 years. Usually, the only option is to prune a tree with a preservation order if it has become dangerous.
Trees are a common quarrel between neighbors. Tree conflicts can take many forms, such as trees falling on a neighbor`s property and causing damage, or circumstances where a neighbor`s tree blocks a panoramic or otherwise pleasant view. In some cases, a neighbor`s tree can actually block the view of something unpleasant — like a garbage collection point or highway — and cutting down trees can also cause friction. Overgrown trees can block a neighbour`s view, hang over a neighbour`s fence, or pose a risk of injury. This article explains a few things to keep in mind when faced with a neighborhood conflict over trees. Last fall`s strong winds brought down many branches and sometimes uprooted entire trees from the ground. The fear of a tree falling on your home and the nuisance caused by overgrown trees and shrubs, root systems attacking your water pipes and damage to fences often lead homeowners to seek legal advice and possible remedies. The rest of this article covers the general rules for landscaping and your neighbors` trees. Everyone has heard the phrase “good fences make good neighbours,” yet this office receives at least a few calls a week about repairing a fence, pruning overgrown trees, or resolving a dispute over damage that has occurred or will occur as a result of landscaping. This article briefly outlines the law on fences and trees. If you need further help or have a specific question, experienced legal advice is available to help you resolve your specific issue. MGL c.87, § 3 Cases of public shade trees.
Except as otherwise provided in Division Five, public shade trees may not be felled, pruned or removed, in whole or in part, by any person other than the arborist or his deputy, even if he owns the fee on the land on which the tree is located, unless there is written authorization from the custodian of the tree. If you live in a nature reserve or if the trees in the hedge are protected by a “tree protection order”, you may need your board`s permission to prune them. If you have additional questions about California`s right to trees, fences and boundaries and would like to get help from a California licensed real estate attorney, Melissa C. Marsh, please schedule a phone consultation for only $129 by filling out the Ms. Marsh Phone Consultation Request Form and Melissa Marsh will call you back at a time of your choosing. To learn more about how our cost-effective telephone consultations work, click here. In many cases, Ms. Marsh can help you resolve the issue with simple instructions or a written letter.
Evans v. Mayer Tree Service, Inc., 89 Mass. App. Ct. 137 (2016) A logging company cut down trees at the express request of a federal official who mistakenly believed that the plaintiff had given written permission to have the trees destroyed. The Court of Appeal overturned the dismissal and referred it back to the Superior Court. “As long as the act of felling was intentional and the act was without a permit, there is liability – even if only for individual damage – even if the person who cut down the trees had `good reason to believe` that they were `legally authorised` to do so. Whether or not you have a case to pursue due to tree invasion, there are much simpler and cheaper options that you should consider before filing a complaint in court. If you choose to cut overhanging branches or prune trees, you will have to pay the cost yourself. However, try to talk to your neighbor, as you may be able to reach an agreement regarding the gardening required, although he is not obliged to contribute to these costs. Note that you are not allowed to access your neighbor`s property so that you can cut branches on your side of the border without their permission.
We have several very large trees around our garden that we have been told do not belong to anyone, we want them to cut down just a small amount of those we can get to do so. We called the Council, but they were not very helpful. The Rights of Light Act 1959 states that if a property has received daylight within the last 20 years (the minimum period required), it may have the right to continue to receive that light. That is, if your neighbor builds a large fence or if there are large trees that limit the daylight your property receives (for example, by blocking daylight reaching a window), you may be able to ask the courts to restore your daylight or issue an injunction to prevent the construction of a proposed fence. If there is utility use around the tree, such as telephone or electricity companies, they can prune a tree that may pose a threat to equipment such as utility lines. The boundary between our home and that of our neighbor is clear and undisputed. It currently consists of a wire mesh fence. However, there are very large cedars that were planted many years ago on the neighboring side of the border, but nearby. In California, Section 841.4 of the Civil Code regulates what are commonly referred to as defiance fences. According to article 841.4 of the Civil Code, a “fence or other structure in the manner of a fence that is unnecessarily greater than 10 feet high and erected or maintained maliciously to harass the owner or occupant of adjacent property is a private nuisance.” Under California law, trees and hedges planted in rows to form a fence can be considered a fence. See Wilson v. Handley, 97 Cal.App.3d 1301 (2002), where the Court of Appeals held that a series of trees planted in the nature of a fence along the property line constituted a “structure” within the meaning of California Civil Code Section 841.4, could be considered a fence and therefore be illegal.
In Metropolitan Water District v. Campus Crusade for Christ (2005), the California Court of Appeals held that the amount of damages to be awarded to a landowner whose trees have been destroyed is the depreciation of the property from pruning, not the cost of replacing the trees. However, this case is currently pending before the Supreme Court of California. Disclaimer: The information on this site was created by Melissa C.