It’s one of the age-old neighbor vs. neighbor arguments – and residents of Fall River, MA are certainly not immune. Can you cut down limbs from a neighbor’s tree, if those limbs are hanging over your side of the property line?
Folks living in The Flint, Downtown, Corky Row or anywhere else in the Greater Fall River area have had to deal with the uncomfortable hostility of defining property lines – particularly when it comes to overhanging limbs.
But, to put it simply, you can, in fact, cut down limbs from a neighbor’s tree, in Fall River, if those limbs are hanging over your property.
But we’d strongly recommend you proceed while factoring in these two components:
- You have to make sure that you go up directly from your property line. Now’s not the time to be unsure of which side your property falls on. If you’re unclear, you have to find out where that line exists. Under no circumstances can you cut someone else’s property (which includes branches that fall on their side of the property line).
- You have to be careful with how you cut these branches. If you cut them in a way that destroys the tree on the neighbor’s property, then you could be seriously liable for the damage caused to the tree … and that can be costly.
Is verbal agreement enough in Massachusetts when cutting down branches from a neighbor’s tree?
Technically speaking, you don’t need any type of verbal agreement – so long as the branches are clearly on your side and you abide by the two factors above. However, it’s certainly a good idea to get a verbal agreement.
Better yet, get it in writing. That way this agreement will hold up in court. We’d also recommend that you take pictures of the “offending” branches, so that you can demonstrate a breach of property line – if an issue is ever taken to court.
Don’t take on your neighbor alone. A Fall River attorney will help protect you in all legal matters
No matter how tiny or small a legal matter is, you want to make sure you enlist the expertise of a qualified Fall River attorney. At the law offices of Sabra & Aspden, we’ve recovered over $100 million in verdicts and settlements for our clients who live throughout Greater Fall River, including:
- Fall River
- All of Bristol County