Legal Question in Real Estate Law in Massachusetts

Re: trees

I'm not certain, I'm afraid, but someone has told me that neither party is obliged to trim the overhanging trees, generally speaking. This is more likely to raise a serious issue if a rotten tree has a branch overhanging which could fall and hurt someone or damage something; in a city area, owners of the tree are more likely to be held liable and ought to trim the tree.

However, either owner may trim (and remove what falls themselves) any branch hanging from one side to the other.

In olden days, back in England where our laws came from, there used to be laws about encroaching on someone's air rights or sunlight, which is more like this case. In general, those rights disappeared in this country, and every new skyscraper blocking the light from coming into the one next to it is entitled. My guess, therefore, and I can't say this qualifies as advice!, is that your tree blocking his light is his problem. If the branch hangs over his property line, he can trim, otherwise, I believe, he cannot do anything and has no legal rights in the sunlight blocked.

However, try to work it out (preferably from a position of strength!). Keeping neighbors satisfied is good.

The fact that nothing's changed in 5 years doesn't make a lot of difference. If your trees hadn't grown any larger in 20 years, you'd have a different legal claim to boost your position, but that's not the case.