Legal Question in Civil Litigation in Massachusetts

tree fell over onto neighbors property

During a recent windstorm, a large pine tree uprooted and fell. The top portion (approximately 6 feet) fell into my neighbor's yard. We have been asked by the neighbor to remove the tree at our expense. Our homeowners policy will not pay for the removal as there was no damage to any personal property. Are we legally obligated to remove the tree from her property at our expense? She claims that we are. Please clarity. Thank you.


Asked on 5/24/07, 1:15 pm

1 Answer from Attorneys

Re: tree fell over onto neighbors property

Putting the legal issues aside (whetehr the tree was a nuisance, subjected to rot or termites, etc. before it fell)... do you want to spend money going to court and fighting with your neighbors (whom you will presumably have to live next door to for years), or would you rather remove 6 feet of tree from their yard? Aren't you going to remove the fallen tree from your own yard?

This sounds more like a weekend project (you can rent the tools at home Depot or any other similar store)instead of a 12 month lawsuit.

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Answered on 5/24/07, 1:27 pm


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