BEATING AROUND THE BUSH

Property rights and disputes are as old as the dirt in the land itself.  For as long as there have been claims to land there have been disputes and challenges from others over that same land.  Prehistoric cavemen clubbed each other over it; the Middle Ages in Europe gave birth to entire class systems based on it; and, the Supreme Court of the United States regularly entertains argument over it.

One of the most frequently asked questions involving real property are trees and plantings which extend onto property of others.  Often the issue is ‘who’s responsible for the tree which sits on one property, but extends its limbs or roots onto another property?’  These trees or plantings sometimes cause significant harm by obstructing views, damaging personal property or creating other types of hazards or diminution in value.

Trees are personal property.  It’s not negligent to own a tree.  Generally, you own what is on your property.  Therefore, the usual measure of ownership for the tree is the location of its trunk.  Pruning or cutting limbs which transcend boundary lines are permissible; with the exception that one cannot cause significant harm or injury to the tree itself.  This is usually governed by local, state and federal laws.  Natural disasters (lightening, wind and earthquakes) which cause a tree to damage another person’s property is not negligence.  However, one may be responsible to another for negligently maintaining a tree.

The best approach to resolving these issues should always begin by discussing it with your neighbor.  More often than not, there is always a mutual agreement which may be reached to trim, cut, prune or remove a troublesome tree.  Always memorialize an agreement in writing.  However, sometimes, reasonable minds can’t agree.  In the event your neighbor is non-responsive, then a letter should always be sent to the neighbor acknowledging the same.  Next, you need to know your rights and consequences before taking any action for which you may be civilly or criminally liable.  For more information contact a real estate lawyer or visit: http://www.lawlib.state.ma.us/subject/about/trees.html