Legal Question in Civil Litigation in Massachusetts

We have an issue with a neighbor. We purchased our primary residence about 6 years ago. When the land survey was done we learned that the neighbor had previously planted a tree on our property. Nothing ever came of it because it was a nicely established tree. However, I came home the other day to find that my neighbor had cut the tree down half way up the trunk and painted it with a bright orange paint. My question is do I have any recourse as he entered my property and destroyed a beautifu tree and left me with a bright orange eyesore?


Asked on 3/03/10, 5:18 am

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Call the police. This is not only a form of trespass but destruction of property.

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Answered on 3/08/10, 7:56 am
George Davis Law Office of T. George Davis, Jr.

Massachusetts also has a statute (GL c. 242, s. 7) which makes "willful trespass to trees" a tort offense, for which you can recover treble damages from the person responsible for cutting down the tree. The action of your neighbor in cutting down a tree on your property without permission would qualify as "willful trespass to trees." I suggest you consult directly with a lawyer to get more details on this.

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Answered on 3/08/10, 10:41 am


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