It is definitely common to find out with regards to tree cutting cases when any landowner wants to cut the particular twigs of a next door neighbor's tree which overhang the common border line-which is actually lawful, to some point-or actually those cases when a person trespasses onto the territory of one other to reduce or even decrease trees completely placed about that lot-which is actually illegal. No matter what actual motivation for these kinds of cutting and slicing, Massachusetts law is rather obvious regarding whether obligation and damages will certainly ensue under those situations informs Jeffery T. Angley.
Yet why not consider if a tree equally straddles two lots? Not merely the particular branches, but the primary trunk area itself? Exactly who is the owner of the actual sapling, and, more importantly, can all or a percentage of it be legitimately taken away? These kinds of things to consider grow to be significant any time a landowner needs to make many improvements on or perhaps under the boundary line that need eliminating the sapling.
Interestingly enough, Massachusetts case law is largely undecided about precisely what rights are present when a tree trunk grows over a boundary line. In one circumstance, Levine v. Black, 312 Mass. 242 (1942), the judge had the capacity to handle the issue, but ultimately punted. At best, the Levine court mentioned that amongst other areas the tree was regarded as owned or operated as renters in common regarding the 2 nearby components, or even that each landowner possessed the area of the sapling on his individual lot, however failed to particularly determine which privileges implement in Massachusetts.
Citing Levine, a relatively latest tree cutting decision (under Rule 1:28) issued by the Appeals Court ordered that full value damages be paid for cutting a tree that straddled the boundary line. The decision didn't state the nature of property rights which helps the granted damages, and only vaguely alluded to the existence of legal rights in the tree which stop another's unilateral action which causes harm to or even destroys the tree. See Lasell College v. Fox, 53 Mass. App. Ct. 1103 (Nov. 2, 2001) ("Each of the parties held a legal interest in that part of the tree on his own property but also had the right to prevent the other party from dealing with part of the tree so as to injure or destroy the whole tree.").
Inside some other areas, the process of law have more or less backed the concept a tree increasing upon two lots is actually owned as tenants in common or collectively, and that such trees and shrubs cannot be damaged without concur, nor may they be clipped to be able to trigger material harm. See, e.g., Garcia v. Sanchez, 108 N.M. 388 (1989) (citing Annotation, Rights and Liabilities of Adjoining Landowners As to Trees, Shrubbery, or Similar Plants Growing on Boundary Line, 26 A.L.R.3d 1372, 1374-1375 (1969)); Young v. Ledford, 37 So.3d 832 (Ala.Civ.App. 2009), writ of mandamus denied Young v. Ledford, 79 So.3d 656 (Ala. Civ. App., 2011), (reversing lower court order that authorized removal of entire boundary line tree because, under Alabama law, "[i]n the special case of a boundary-line tree, ... each adjacent landowner has ownership rights that cannot be trumped by the other's desires in the manner suggested by the trial court's judgment") informs an insider from Jeffery T. Angley.
Consequently what is a landowner to do? At least, whenever a tree is located to be developing on 2 lots, the wise landowner ought to seek out the permission of his neighbor when it is needed to get rid of or perhaps substantially reduce the tree. Depending on the circumstances compelling the tree elimination, permission could be given when the neighbor is agreeable. But, in those instances in which the neighbor is hesitant to have the tree cut down, feasible choices include revising strategies so it doesn't require virtually any tree removing or even substantial cutting to the point of damage or getting a declaratory judgment action in court to have the court determine the parties' respective rights.
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