MyThreeSense t1_j1kddq7 wrote on December 25, 2022 at 1:46 AM

Reply to comment by MindMugging in What are MA laws when it comes to damage from branches of neighbor's trees. I warned neighbor two years ago this would happen, in writing. by bcardarella

I am a lawyer who has dealt with large trees knocking over neighbor’a houses, taking out cars, and in one instance crushing a man as he was driving by in a bad storm of all things.

This is the correct answer. If the limb overhangs your property then you can cut it down no matter it’s condition. If the limb is diseased or dying, the person who owns the land where the base of the tree sits is aware of this (or has reason to be aware) and that limb falls because of the diseased condition - then the neighbor could be liable.

Either way. To anyone who has a limb overhanging your car or property - if you want it gone then cut it down. Best to talk to your neighbor about it first to explain this before doing it.

LawrenceSan t1_j1khriw wrote on December 25, 2022 at 2:28 AM

I can't remember all the details but… years ago my relatives living in a third-floor condo (in Brookline, MA) warned a neighbor that the large tree on her property was obviously dying, leaning unnaturally… but there were no branches actually hanging over onto my relatives' side. When they asked the neighbor to have the tree cut down before it fell down, she told them to mind their own business.

Then one day the whole tree fell over and completely destroyed my relatives' wooden porch. Luckily nobody was on it at the time, nobody hurt. But removing the tree and replacing the porch was very expensive.

I don't remember how the insurance worked out, but I do remember my relatives asking a lawyer if they had recourse against the neighbor, and they were told no, a tree coming down all by itself was considered "an act of God", not negligence. Which sounded crazy to me, especially considering that my relatives were atheists. What happened to separation of church and state?

MyThreeSense t1_j1m76vu wrote on December 25, 2022 at 3:18 PM

So I would say to that - if from the outside this tree appeared diseased and dying, AND, that was what caused the tree to fall (I have seen healthy portions of a tree fall during a savage windstorm, and had nothing to do with what was going on in other portions of the tree…) then when you submit that claim to your insurance company, your insurance company may have surrogates (or tried to) against your neighbor’s insurance company.