Bill > H1636

This bill amends the Massachusetts General Laws to provide protections for trees that extend onto abutting properties. The key provisions are: 1) an abutting property owner who reasonably cuts, prunes, or trims the roots or branches of a tree to abate a nuisance or prevent property damage is not liable for monetary damages to the tree owner; 2) a tree that straddles a property boundary is presumed to be jointly owned, and the co-owners must act reasonably in managing the tree; and 3) there is a presumption that an abutting owner is not acting reasonably in cutting the tree if the cutting is due to excavation within the minimum setbacks required by local zoning laws. The bill also allows the Superior Court or Land Court to determine if damage to a tree is occurring or imminent and to issue orders to prevent such damage.

Justice

https://malegislature.gov/Bills/192/H1636