|
That is certainly common to listen to regarding tree trimming instances when any landowner needs to reduce the branches of a next door neighbor's tree that overhang the common border line-which is legitimate, to some point-or actually those cases where anyone trespasses to the terrain of another in order to trim or even cut down trees entirely placed on that lot-which is illegitimate. No matter what root inspiration for this kind of trimming as well as slicing, Massachusetts regulation is fairly apparent about whether responsibility and damages may take place under those scenarios informs Jeffery T. Angley. But have you considered if a tree equally straddles two lots? Not only the particular branches, but the main trunk area itself? Who is the owner of the sapling, as well as, furthermore, can all or a percentage of it be officially eliminated? These kind of criteria become essential whenever a landowner desires to make improvements on or perhaps under the boundary line which usually require eliminating the sapling. StrAngley enough, Massachusetts case law is essentially unclear about precisely what legal rights really exist whenever a tree trunk evolves throughout a boundary line. In one situation, Levine v. Black, 312 Mass. 242 (1942), the court had the capacity to address the problem, but eventually punted. At best, the Levine court mentioned that among other areas the particular tree had been considered to be owned as renters in common relating to the 2 border properties, or that each landowner possessed the actual part of the tree on his / her respected lot, however didn't exclusively decide which rights apply in Massachusetts. Quoting Levine, a relatively latest tree chopping decision (under Rule 1:28) issued by the Appeals Court ordered that complete price damages be covered cutting a tree that straddled the boundary line. The decision didn't state the nature of property rights which facilitates the actual granted damages, and just vaguely referred to the existence of legal rights in the tree which protect against another's unilateral actions which causes harm to or damages the actual tree. See Lasell College v. Fox, 53 Mass. App. Ct. 1103 (Nov. 2, 2001) ("Each of the parties held a legal interest in that part of the tree on his own property but also had the right to prevent the other party from dealing with part of the tree so as to injure or destroy the whole tree."). Inside additional states, the legal courts have more or less reinforced the notion that a tree expanding on two lots is held as renters in common or collectively, and that these kinds of trees and shrubs cannot be wrecked without agreement, nor might they be trimmed in order to trigger material destruction. See, e.g., Garcia v. Sanchez, 108 N.M. 388 (1989) (citing Annotation, Rights and Liabilities of Adjoining Landowners As to Trees, Shrubbery, or Similar Plants Growing on Boundary Line, 26 A.L.R.3d 1372, 1374-1375 (1969)); Young v. Ledford, 37 So.3d 832 (Ala.Civ.App. 2009), writ of mandamus denied Young v. Ledford, 79 So.3d 656 (Ala. Civ. App., 2011), (reversing lower court order that authorized removal of entire boundary line tree because, under Alabama law, "[i]n the special case of a boundary-line tree, ... each adjacent landowner has ownership rights that can not be trumped by the other's desires in the manner suggested by the trial court's judgment") informs an insider from Jeffery T. Angley. Thus what is a landowner to try and do? At least, each time a tree is located to be developing on two lots, the sensible landowner should look for the agreement of his neighbor when it is needed to eliminate or even considerably reduce the tree. Depending on the circumstances compelling the tree elimination, permission may be given when the neighbor is agreeable. However, in those instances in which the next door neighbor is hesitant to have the tree cut down, workable options include revising strategies so it doesn't require any kind of tree removal or substantial shaping to the point of damage or even delivering a declaratory judgment action in the courtroom to have the court determine the parties' respective rights. To understand more details on the Jeffrey T. Angley, P.C. and real estate law, visit - Jeffrey T. Angley at - http://www.325x.com/jeffreyangley/trees-border-outlines-significant-factors-with-jeffrey-t-angley-p-c/ Article Source - http://www.jeffreytangleypc.com/blog/2012/08/trees-boundary-lines-important-considerations.shtml
Related Articles -
Jeffrey T. Angley, Phillips & Angley, Jeffrey T. Angley, P.C.,
|
