Legal Question in Real Estate Law in Massachusetts

do i have the right as a homeowner in residential neighborhood to force a neighbor to have what i think are ant infested, dead or leaning trees to have checked for safty and removed if unsafe? Her trees in yard have been dropping dead branches for years, after tornado she lost 5 of 6 trees in front yard the one left standing is damaged and should come down according to the service that removed trees during storm. the following week another tree fell in her back yard and broke another part of our fence. last year on a clear day a tree fell, she told me that it was ant infested. these are not small trees they are 100 feet high. the tornado did severe damage to to her home because of tree damage, and iI really don't want same thing to happen to me.

thank you

Robyn


Asked on 7/18/11, 5:07 pm

1 Answer from Attorneys
Alan Pransky Law Office of Alan J. Pransky

If the tree is not on your property then you have no right to force your neighbor to do anything. However, depending on where you live, the town may be able to force the neighbor to take the tree down. You can call the town and ask if there is a tree warden or other person responsible for trees. Talk to this person and see if the town will take action.

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Answered on 7/18/11, 6:21 pm


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