Legal Question in Real Estate Law in Massachusetts

Tree Needs to be Cut Down

I have a questions regarding a tree that is on my neighbors property that overhangs my home. The tree is 80% dead and is over 80' tall and hangs over our bedroom. Last week a branch fell and snapped our electrical wires into the house. I asked the neighbor to have it cut down and even offered to pay half but he does not feel it is his responsibility so said if I want to cut it down I could. This does not seem right to me so thought I would check to see what the legal position on this is.

Thanks


Asked on 10/08/06, 10:14 am

1 Answer from Attorneys

Re: Tree Needs to be Cut Down

If the tree is on his property, it is his responsibility. If it falls and damages your home, your insurance company will sue your neighbor for its losses and you will be able to sue for any damages to your home not covered by insurance as well as any damages to you or anyone in your home at the time, should they be injured.

You might contact the town where you live and ask the health or building dept if the tree constitutes a nuisance and see if they can issue an order requiring the removal of the tree.

You might want to send your neighbor a certified letter requesting he remove the tree outlining your concern.

Good Luck.

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Answered on 10/08/06, 1:26 pm


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