Legal Question in Real Estate Law in Massachusetts

Empty Lot Tree Damage

There is an empty lot next door to my home that is totally overgrown with large trees that are ruining our deck and roof! Not to mention the many fallen trees in there that luckily haven't hit our house...yet! Neighbors are also dumping their yard waste & other trash in there. This past fall I had to blow and rake all the leaves from the sidewalk in front of the property just so that my kids didn't have to walk in the street. Do I have any recourse to make the owner clean it up or take down some of the trees? Thanks!


Asked on 4/18/07, 11:04 am

2 Answers from Attorneys

Re: Empty Lot Tree Damage

you can file a complaint with the town and see if they will issue a nuisance order to clean the property. If they do and the owner does not comply the town usually does the clean up and bills the owner.

Absent that you can file a complaint alleging nuisance. You need all the facts to comply with the nuisance requirements.

Your cheapest way is to get the town involved if possible.

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Answered on 4/18/07, 11:08 am
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Empty Lot Tree Damage

Agreed. Also, the area sounds like it could be unsafe to kids, a so-called "attractive nuisance." If so, you could send a demand letter demanding the area be cleaned up to avoid injuries to kids. Failure to do so would expose owner to possible liability if kids get hurt there after ignoring a request to prevent that from happening. Contact if you need help.

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Answered on 4/18/07, 5:31 pm


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