Legal Question in Real Estate Law in Massachusetts

Damage to car

I live inan apartment building and my parking spot is under a tree. This year the tree has ozzed a sap on to my car and has taken the paint off where ever it lands.

My building Manager told me that the tree is not on their property, but just hangs over and he is not responsible for a paint job on my car. My car has other rust on it, but not alot. He is responsible and should I think about taking him or the landlord to small claims court?

Thank You


Asked on 8/28/99, 9:26 pm

2 Answers from Attorneys

Re: Damage to car

You can take two people to small claims court using the one form, I think. I recommend taking the landlord and the neighbor since I'm not really sure who is responsible.

What I do know if that when a branch overhangs from one property to another, the party that doesn't own the tree can nevertheless cut off the branch. But I don't know if having that right makes it their responsibility when they don't exercise the right and the branch does damage.

So bring them both. Let the magistrate decide. Good luck collecting if it's the neighbor, but if it's the landlord, you can take it out of the rent.

The manager is just an agent for the landlord and isn't responsible directly for anything he does in his capacity as manager, simply put.

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Answered on 8/30/99, 4:06 pm

Re: Damage to car

If I knew that the landlord was responsible (and I tend to think he MIGHT be, but I'm not sure), I would suggest you take it out of your rent when you got the car repaired, but if the landlord chose to make an issue of it, you'd be facing eviction (for non-payment of rent).

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Answered on 8/30/99, 4:38 pm


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