When branches reach across the property line, you can trim them up to your property line. “Massachusetts law recognizes a right of self-help by which a property owner can cut the limbs or branches of a tree that invade his property as long as such cutting is done at the property line. Let's say half of your home is cast in the shadow of this fence. It can vary on what is required. If a neighbor doesn't pay, the other can file a complaint with the county's designated fence viewer, and collect twice the amount of the delinquent owner's share. Often, they have been lost in the many times their property has changed hands over the years, or assumed to be consistent with existing fences or landscape boundaries. State law applies to property in unincorporated areas. We have sent letters that alerted the owner of the trees of the hazard the trees are to us. Massachusetts property line and fence law is designed to help resolve many common, and some not so common, neighbor disputes. Over the Line: Misplaced fences, roads and other boundary disputes. Not in Massachusetts, Trouble next door: what to do with your neighbor, Massachusetts law about adverse possession. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. We described that the trees represent a danger to the children and adults are frequently in the area of the trees on our side of our fence. Under the Massachusetts Spite Fence Law (Gen. Laws ch. Boundary Fence Rules. When you're having a property dispute with a neighbor, it's difficult to know what to do. When your neighbor's tree blots out the sun, can you force them to take it down? A fence or other structure in the nature of a fence which unnecessarily exceeds six feet in height and is maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property shall be deemed a private nuisance. Shiel v. Rowell, 480 Mass. This law makes it illegal for a homeowner to put up a fence, simply as a means to annoy or inconvenience a neighbor. Remember, you must prove to a court that your neighbor built the fence for malicious purposes. Some local height restrictions contained in fencing laws apply to natural fences made of bushes or trees. Appeals court vacated the dismissal and remanded to Superior Court. There also may be issues with a tree on property line fence… Sometimes even a hedge can act as a boundary. However, if the person does something, like build or take measures to control this property, there could be a problem later. 106 (2018)Upholds the "Massachusetts rule" that "an individual whose property is damaged by a neighbor's healthy tree has no cause of action against a landowner of the property upon which the tree lies." Legally, this is a type of property easement that is earned by regular use of the property. "Liability risks in pruning a neighbor's tree", by Bruce Medoff and Philip M. Hirshberg, 24 Mass. If you set a fence inside your property line and your neighbor is able to use the property outside of the line, that portion of your property may fall under prescriptive easement. A collection of city and town ordinances or bylaws available online, compiled by the Trial Court Law Libraries. Provides for "imprisonment for not more than six months or... a fine of not more than five hundred dollars. Problems such as size, condition, and distance from property lines are common complaints handled by fence viewers. Re: fence installation. | Last updated December 01, 2017. Boundaries and fences had to be maintained. Real Estate Blog. This means that the tree cannot be removed or significantly altered unless both property owners agree. However, when a neighbor's tree growth begins to interrupt the use and enjoyment of your property and a private resolution can't be reached, you can bring a private nuisance claim. If a tree falls in a storm, who pays?, Lawley Insurance ", MGL c.242, § 7 Willful trespass to trees, etc. Martha's Vineyard property owners and their tree contractor cut down ten mature trees on a neighbor's property to improve their own view of the ocean. Stay up-to-date with how the law affects your life, Name When are You Required to Share Fence Costs? Generally speaking, if your property is damaged, you are responsible for the damages. App. Trespassing by livestock was illegal. Either way, if you have homeowner’s insurance, the insurance companies will sort out fault and blame.". Tree Trimming: Maier v.Giske,154 Wn. In most circumstances, a landowner who builds a boundary fence along a property line can seek reimbursement from the … In most cases, a fence on your own property that is close to the boundary line is still subject to fence laws. How much do you agree with the following statements in the scale of 1, Strongly Disagree, to 5, Strongly Agree? Others will let homeowners build directly on the property line. Massachusetts property owners are not without recourse, however. "Public policy in a civilized community requires that there be someone to be held responsible for a private nuisance on each piece of real estate, and, particularly in an urban area, that there be no oases of nonliability where a private nuisance may be maintained with impunity. lawyers weekly 1967 (June 3, 1996), Trouble next door: what to do with your neighbor, Oceana, 2007. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Entitles a trespasser on property to claim and then own that property if certain conditions are met her purported.... Serving Boston massachusetts fence property line law and surrounding areas county laws often dictate the height, location, and some so... 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