A builder cut down 65 small trees on the back of my property. They range in size from 2 to 5 inch in diameter and 10 to 15 feet tall. I have a meeting with them and I would like to know what I can ask for if anything at all?
3 Answers from Attorneys
You can ask them to replant the trees of similar size and quality, or you have to have someone indicate the loss in value to your property as a result of his actions and seek compensation.
You can also talk to a landscape architect and discuss what could be done to restore your property's privacy from the developers property and get an estimate of cost.
All are alternatives
You are talking about a great deal if money and will need an expert to value not only the list value of he trees but the damage to the land as well (all those trees had root systems).
Our office has litigated these issues before and can consult wih you.
The answer to this question is controlled by Mass.G.L. c. 242, § 7 which I set forth below.
Section 7. A person who without license willfully cuts down, carries away, girdles or otherwise destroys trees, timber, wood or underwood on the land of another shall be liable to the owner in tort for three times the amount of the damages assessed therefor; but if it is found that the defendant had good reason to believe that the land on which the trespass was committed was his own or that he was otherwise lawfully authorized to do the acts complained of, he shall be liable for single damages only.