Is it Legal in Massachusetts to Cut Down Your Neighbor’s Tree if the Branches are on Your Property?

Massachusetts has an interesting law regarding cutting down a neighbor's tree.

Most people have neighbors, and many neighbors get along, while others can't stand each other. Some folks put up fences to avoid each other, while others are hanging out at each other's backyard parties and picnics regularly.

Some Neighbors Can Be a Delight While Others Can Be a Total Pain

Sometimes residents may have something in their yard that other neighbors wish weren't there. Maybe too many eyesores, or the grass is too long- whatever the case may be, some folks may request that their neighbors remove whatever the issue is on their property.

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In some cases, one neighbor may have a tree where the branches or roots cross the property line of another neighbor. I am actually familiar with this case, as one of my neighbors has some branches from a tree hanging over the fence into my yard, but honestly, I'm not bothered by it. It looks like those branches will fall off soon anyway.

Can You Legally Cut Down Your Neighbor's Tree in Massachusetts if the Branches Cross Over to Your Property?

Some folks may be annoyed with branches crossing the property line. Can they just go ahead and cut down the tree? The answer is a resounding no, at least in Massachusetts. In other words, if you cut down your neighbor's tree because branches or roots from their tree cross the property line, you could be in deep trouble and have to pull out your wallet, as a fine could ensue. You could even face prison time. Below is the official law per the Massachusetts Legislature.

Section 11. Whoever wilfully, maliciously or wantonly cuts, destroys or injures a tree, shrub or growth which is not his own, standing for any useful purpose, shall be punished by imprisonment for not more than six months or by a fine of not more than five hundred dollars.

 

Communicate Before Acting, You'll Thank Yourself

If you are having a problem with a neighbor's tree, whatever the case may be. The best thing is to talk it out and come to an agreement. Communication is key and a much better solution than unlawfully cutting down a tree and facing steep consequences. Wouldn't you agree?