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The facts of this case are fairly straightforward.

} Oct 25, The fallen tree law addresses the following aspects regarding the disputes over fallen tree: Who Is Liable When A Tree Falls Off From A Neighbor’s Property?

The Massachusetts SJC reiterated the long-standing law that pronounces that the neighbor shouldn’t be held liable by the landowner if it was a properly maintained and healthy tree. Massachusetts laws. MGL c. 49 § 21 A fence or other structure in the nature of a fence which unnecessarily exceeds six feet in height and is maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property shall be deemed a private nuisance.

MGL c, § 1 Public shade trees; definition. Fallen Tree Damage- Who Pays? Proving what you knew or should have known can be difficult and costly in a court of law.

It typically benefits both parties to arrive at a compromise that avoids an expensive legal process. Georgetown Capital Toll-Free:Office:Fax:Main Street. Professional Tree Removal in Georgetown. If you need tree removal service in the Georgetown, Massachusetts area allow us to assist stump removal reading, Rex GA. Our contractors take on tree removal projects of all sizes and serve both residential and commercial customers.

Services Offered: Tree Removal Fallen Tree Removal Emergency Tree Removal Stump Removal Tree Trimming. Aug 29, Tree down in Andover, Mass. Courtesy Read our post on Hurricane Sandy Aftermath Here.

Massachusetts Fallen Tree Law. Given all the trees and branches which fell across New England, the pressing question of the day is, clearly, who is responsible if my neighbor’s tree or tree branch fell on my house, car, shed, patio, grill, etc.

during the storm? Jul 28, Before taking matters into your own hands, consider what Massachusetts law will allow. The Massachusetts tree law (General Laws chaptersection 7) allows up to triple the damages for the malicious trimming, destroying, or cutting of another person’s trees. The actual law reads. Sep 09, 14 Replies to “Frequently Asked Questions About Tree Law in Massachusetts” Lee Achenbach says: May 16, at pm. No one ever touches on this part of tree removal: All branches on a very tall oak are over 35 feet up.

All lean precariously over my house. To take fallen tree law these branches will leave only a single tall pole. Jul 20, The Massachusetts Supreme Judicial Court issued an important decision last week on Massachusetts tree law. The decision, Shiel (included below), discusses a property owner’s liability for a tree on their property. Background.

The facts of this case are fairly straightforward. The parties, in this case, were two neighbors, with one bringing a lawsuit against the other for damage.

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