Bill > H1849

This bill amends Section 7 of Chapter 242 of the General Laws in Massachusetts to provide protections for trees that straddle property boundaries or encroach onto abutting properties. The key provisions are: 1) Abutting property owners who reasonably cut, prune, or trim the roots or branches of a tree that is causing a nuisance or property damage on their property will not be liable for monetary damages to the tree owner. 2) Trees that straddle a property boundary at the trunk are presumed to be jointly owned by the fee simple owners of the properties where the trunk is located, and these owners must act reasonably with one another in cutting, pruning, and trimming the tree. 3) There is a presumption that an abutting property owner or co-owner is not acting reasonably if they cut the roots or branches of a tree due to excavation within the minimum front, side, or rear yards set forth in local zoning ordinances, as this cutting is likely to injure or destroy the tree. 4) The Superior Court and Land Court can determine whether such damage is occurring or about to occur, and may issue restraining orders to prevent the damage.

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https://malegislature.gov/Bills/192/H1849