Trees and Your Neighbors

No issue stirs passion like a dispute over trees between two neighbors. Ignorant of the law, the rights and responsibilities of tree ownership. People tend to do the strangest things, this lack of judgement and rashness always comeback in the form of a lawsuit. So before you take matters into your own hands consider these few point:

1. Who really owns a tree or is ownership in common. You can't split a tree by anything but equally if it's a shared tree. You and your neighbor have equal rights and responsibilities. The care of the trees has to be shared and the decision to cut that tree has to be a mutually arrived one.

2. The right of self remedy as stated in the Massachusetts rule is that you can cut branches that are a hazard to your property but not kill or cause irrepairable harm.

3. Trees that may impact your neighbor need to be assessed for hazards, true if something falls it's an act of god, but the law of common sense and reasonableness comes into play. Knowing that a large dead limb is hanging over a play set in the next yard could be consider negligence and willfull negligence in the hands of a clever attorney.

So when these issues come up try the following, speak with your neighbor in a calm voice and express your concerns. Hire an arborist to assess the trees and file a written report. Remember that this report will carry more weight if it's unbiased. If all else fails seek arbitration and see if the issue can be settled without law suits. On your trees practice due diligence and have safety inspects periodically. Owning trees is a joy and has responsibilities be aware of these and of the impact your trees have on your neighbors.