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When a tree falls in Massachusetts, it can lead to property damage and disputes between neighbors. Understanding who is responsible for fallen tree removal is crucial for homeowners and property managers. In this post, we’ll break down the key points of fallen tree removal responsibility in the Bay State.

General Rule: The Property Owner’s Responsibility

In Massachusetts, the general rule is that the property owner where the tree has fallen is responsible for its removal. This applies regardless of who owned the tree originally. Here’s what you need to know:

1. Tree Falls on Your Property: If a tree from your yard or a neighbor’s yard falls onto your property, you (or your insurance company) are typically responsible for removing it and covering any damages.
2. Your Tree Falls on a Neighbor’s Property: If your tree falls onto your neighbor’s property, your neighbor is generally responsible for removing the portion on their land and addressing any damages it caused.

Exceptions to the Rule

There are some important exceptions to this general rule:

1. Negligence: If the tree fell due to clear negligence on the part of the tree owner (e.g., ignoring a visibly diseased or damaged tree), the tree owner may be held responsible for removal and damages.
2. Public Property: Trees that fall on public property, such as streets or sidewalks, are typically the responsibility of the local municipality.
3. Utility Lines: If a fallen tree affects power lines, the utility company is usually responsible for addressing the issue.

Massachusetts Laws and Regulations

While Massachusetts doesn’t have specific statutes addressing fallen tree removal, several legal principles and local regulations come into play:

1. Massachusetts Tree Law: The state follows the “Massachusetts Rule,” which generally protects tree owners from liability unless negligence can be proven.
2. Local Ordinances: Many Massachusetts cities and towns have specific ordinances regarding tree maintenance and removal. Always check with your local government for specific rules.
3. Healthy Tree Act: In 2021, Massachusetts passed the Healthy Tree Act (M.G.L. c. 87, § 14), which provides additional protections for trees on public ways and emphasizes the importance of tree maintenance.

Steps to Take When a Tree Falls

1. Ensure safety first. Stay away from downed power lines and unstable structures.
2. Document the damage with photos and videos.
3. Contact your insurance company to report the incident.
4. If the tree has affected public property or utilities, contact local authorities or the utility company.
5. Consult with neighbors if the tree has impacted multiple properties.
6. Hire a professional tree removal service, like Juarez Landscaping, to safely remove the fallen tree.

Prevention is Key

The best way to handle fallen trees is to prevent them from falling in the first place. Regular tree maintenance, including pruning, cabling, and removal of diseased or damaged trees, can significantly reduce the risk of tree falls.

At Juarez Landscaping, we offer comprehensive tree care services to help maintain the health and safety of your trees. From routine inspections to emergency removal, our team of experts is here to assist you with all your tree care needs.

Remember, when it comes to trees and property lines, good communication with your neighbors can often prevent disputes and ensure quick resolution when issues arise.

For professional tree removal, maintenance, or any landscaping needs in Massachusetts, don’t hesitate to contact Juarez Landscaping. We’re here to help keep your property safe and beautiful!

[Note: This blog post provides general information and should not be considered legal advice. For specific situations, please consult with a legal professional.]