Legal Question in Real Estate Law in Massachusetts

Neighbor's tree fell on our property, causing substantial damage

Our neighbor's tree fell on our property, causing substantial damage to our house. In the past we've had several conversations with them in which they acknowledged that a tree specialist told them the trees were dangerous, that they knew someone could get hurt, but couldn't afford to remove them. Our insurance company told us we should have informed them in writing through an attorney that we wanted the trees removed. Several hazardous trees remain on their property that pose a threat to us. If they refuse to remove them, what recourse do we have? Do we have any recourse for the deliberate negligence that caused this situation in the first place?


Asked on 7/08/08, 3:25 pm

1 Answer from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Neighbor's tree fell on our property, causing substantial damage

As for the negligence,if your insurer has not sought subrogation from the owner of the trees, you have a right to sue them for their negligence, but your insurer will likely seek to be reimbursed whatever they paid for repairs.

Since your insurer suggested you should have given them written notice through any attorney, to remove the dangerous trees, it would be prudent to do so with regard to the remaining dangerous trees lest your insurer refuse to honor any future claims resulting from them. In that letter you might also request they reimburse you and your insurer the cost of the repairs.

If they refuse, your attorney may advise filing a suit for nuisance or continuing trespass of the overhanging trees.

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Answered on 7/09/08, 12:12 pm


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