Neighbors tree has branches threatening to break off onto our property, do we have to take care of it or them?

Question

The branch is very large and thinck, large enough to easily take a life. It hangs over our three cars in our driveway. We are currently in the middle of a snow storm with heavy wet snow and already a lot of small and medium size branches have fallen. Our neighbor ways he thinks tha because it hangs over our property, its our issue, is it? and we cant just move the cars because of parking bans when it snows. I live in Ma, if that helps.

davidmi711 · Answer

If it goes to court it will not be a nice easy cut and dried solution. They are responsible for the tree, however there is also case law that supports the requirement that a plaintiff must have mitigated their damages. So if you park under the branches that you indicated you are concerned could break they could claim you were not mitigating your damages.

However you can trim any part of the tree that hangs over your property.

However you can trim any part of the tree that hangs over your property.

regerugged · Answer

The neighbor is responsible for his tree.  However, you have a right to cut the branch off that hangs over your property.  If he refuses, have it cut down and give him the bill or sue him in small claims court.

Neighbors tree has branches threatening to break off onto our property, do we have to take care of it or them?

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