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Massachusetts Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff

Category:
Real Estate - Complaints
State:
Multi-State
Control #:
US-01275BG
Format:
Word; 
Rich Text
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Description

As a general rule, every person is entitled to use their property in any way they want, provided the property is used in such a manner as to not injure others. Growths such as trees, bushes, and hedges, by their branches or roots, may invade the property rights of an adjoining owner and a falling tree raises the issue of negligence. The owner of the tree is generally liable for damages caused to the adjoining property owner.


This form is a generic pleading and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff
  • Preview Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff
  • Preview Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff

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FAQ

The state requires landowners on both sides of a boundary fence to share construction and maintenance costs, unless other arrangements were made. 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.

A fence up to six feet in height may be located on or close to a lot line. No building permit is required. However, a fence cannot obstruct views on corner lots. To construct a fence over six feet in height, you are required to obtain a building permit.

Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

If a tree falls in a storm, who pays?, Lawley Insurance. Generally speaking, if your property is damaged, you are responsible for the damages. It doesn't matter if the tree or limb came from your property, your neighbor's property or even municipal property.

While height restrictions are different in some districts, Massachusetts state regulation mandates that residential fences can be no higher than seven feet in back yards and four feet in front yards. Without a permit. A permit and engineering is required for a fence over seven feet showing footings and wind loads.

Generally, Massachusetts nuisance law compares the severity of the nuisance to neighbors with the utility of the activity to the property owner. If the activity is annoying, but also fundamental to the property owner's livelihood, it can be difficult to prove that it is a nuisance.

Remember, if a tree is rotting, diseased or otherwise in danger of falling, or branches are in danger of falling, the owner could be liable if they do nothing to correct the situation.

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