Massachusetts Attorney Andrew P. Bass, Esq.
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Massachusetts Tree Cutting Law 

1/11/2016

9 Comments

 
Overview of the Law
    In Massachusetts, the consequences of removing trees located on another person’s property include triple damages, imprisonment or a fine not more than $500. Single damages apply if an individual thought they were removing trees on their own property or if they thought they were authorized to act.
      “Self-help” means a property owner can legally remove branches, roots and/or limbs of a neighbor’s tree located on that property owners land. Although a property owner can remove as much of the tree that is on their property, if a tree straddles the property line, neither property owner can do anything that would injure the tree as a whole.  Also, keep in mind that if this trimming seriously injures the tree, you could be liable for the damage done. People have the right to cut down dead trees on a neighbor’s property that are about to fall. Therefore, in order to recover for damage done to a tree on your property the tree must be healthy.
 
Damages
     Damages are measured by either the restoration costs, the cost of the timber cut or the resulting reduction in worth of the property. A qualified arborist can conduct a full restoration cost analysis. This analysis, known as cost-of-cure, takes into account the aesthetics, functionality, age, height, girth, and species of the trees, and formulates a restoration value for the replacement of the removed trees. The arborist will determine the cost of planting replacement trees and the estimated time for them to grow to the size of the destroyed trees.
 
       In order to avoid the expense of triple damages it is important to be certain that a tree you want to remove is on your property. Obtaining a plot plan or hiring a surveyor can help avoid any potential problems down the road. If you want to remove a neighbors tree that is negatively affecting your property value or if someone wrongfully removes a tree on your property its important to consult with an expert to understand your options and rights. 

9 Comments
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2/9/2022 08:02:54 am

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3/8/2022 06:05:47 am

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3/8/2022 06:08:24 am

When it comes to cutting trees and operating chainsaws, safety isn't an afterthought. It is imperative that you take it seriously. For any chainsaw job, and especially while felling a tree, you must wear the following items: - A logger's helmet to protect you from falling branches, which are a common source of logging injuries. - Earplugs and a face shield to keep your ears and eyes safe. - Protective eyewear to keep the dust at bay. - Kevlar chaps, which can instantly halt a chain if it comes into contact with your leg.

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9/3/2022 12:00:14 pm

This analysis, known as cost-of-cure, takes into account the aesthetics, functionality, age, height, girth, and species of the trees, Thank you, amazing post!

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9/3/2022 12:16:31 pm

The arborist will determine the cost of planting replacement trees and the estimated time for them to grow to the size of the destroyed trees. Thank you for making this such an awesome post!

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10/6/2022 10:49:19 pm

People have the right to cut down dead trees on a neighbor’s property that are about to fall. Therefore, in order to recover for damage done to a tree on your property the tree must be healthy.

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5/18/2023 09:57:40 pm

This blog post on Massachusetts Tree Cutting Law provides crucial information for residents and property owners in the state. The author does an excellent job of explaining the regulations and requirements surrounding tree cutting, highlighting the importance of obtaining permits and adhering to local ordinances. By discussing the potential legal and environmental consequences of unauthorized tree removal, the article serves as a valuable resource for promoting responsible tree management practices. It's evident that the author is knowledgeable about the subject matter and has provided a comprehensive overview of the law. If you're in Massachusetts and considering tree cutting, this blog post is a must-read to ensure compliance and environmental stewardship. Well done!

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4/10/2024 11:36:36 pm

Individuals possess the entitlement to remove dead trees on a neighbor's land that are on the verge of falling. Hence, to seek compensation for damage inflicted on a tree on your property, it must be in a healthy condition.

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4/9/2025 07:13:37 am

I’m glad I chose Woody Tree Removal. They were affordable, reliable, and very skilled. The tree was down in no time, and my yard looks great.

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​Bass/Bercume Law Offices​
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Western Office: 185 Russell St., Hadley, MA 01035
Eastern Office: 75 State Street, Ste. 100, Boston, MA 02109
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