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Can a homeowner trim tree branches that cross boundary lines?

On Behalf of | Jan 20, 2025 | Litigation |

Trees generally enhance the appearance of a property. They can also offer various practical benefits. They can provide shade during the summer that can help reduce cooling costs for a home. They can increase property value. They can even produce fruits and nuts that people enjoy.

Unfortunately, the trees growing on one property owner’s land could very easily become a nuisance for the people living at an adjacent property. Trees planted near the property line or that have grown quite large might shade a neighbor’s yard, killing their garden. The trees may drop leaves in an elderly neighbor’s yard, forcing them to do more yard work. Nuts and fruits can also cause frustration among those who don’t have a use for them.

Can property owners frustrated by the impact a neighbor’s tree has on their property trim the branches of that tree?

Neighbors can sometimes trim trees

Damaging an individual’s tree could lead to civil litigation in some cases. In fact, the state authorizes the owner of the tree to pursue triple damages in cases where people intentionally harm their trees. The state can even prosecute people in certain circumstances.

Homeowners therefore need to be very cautious before proceeding with any tree trimming activities. Ideally, they can discuss the matter with the neighbor and get their permission ahead of time. Technically, Massachusetts has affirmed the rights of property owners to trim tree branches hanging over the property line.

Generally speaking, the party doing the trimming must make the cut in the branch at the property line. They cannot cross onto the neighbor’s property and trim it farther back. They also need to perform the trimming in a manner that is unlikely to cause major damage to the tree.

Using the right equipment and trimming in the right season given the type of tree can be very important. Some trees are more susceptible to pests and blights than others. The situation could very easily become complicated if a tree trimming attempt leads to an infection or infestation that ultimately kills the tree. Even if the owner of the trees does not give their consent, a neighbor can potentially remove branches that cross the boundary line between properties and cause complications for them.

Learning more about land use rules and tree trimming standards can be beneficial for those dealing with a nuisance tree and a difficult neighbor. People should have the right to protect and maintain their properties from disruptive incursions, including tree branches that spit sap, drop nuts or kill plants by eliminating sunlight.

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