Bill > S755

This bill, concerning the regulation of encroaching vegetation, proposes to amend Chapter 266 of the General Laws by adding a new section, 120B1/2. This new section defines "vegetation" to include shrubs and other plant life but specifically excludes trees. It establishes that individual property owners can remove encroaching branches, roots, or other vegetation up to their property line. If encroaching vegetation causes actual harm or poses an imminent danger to an adjoining property, the owner of the property where the vegetation originates must remove it from the neighboring property up to the property line, and is allowed access to the adjoining property to assess the situation; however, if access is denied, the originating owner may be held harmless for any ensuing harm. If encroaching vegetation does not cause harm or pose a danger, the affected property owner can request its removal. To enforce this, the affected owner must send a written request to the originating owner. The originating owner is not in violation as long as they comply with the written request within a reasonable time, and this expectation of maintenance continues as long as both parties own their respective properties. Importantly, the bill clarifies that an owner entering an adjoining property to perform reasonable and necessary maintenance of encroaching vegetation, in response to a written request, will not be considered trespassing or liable for damages, provided the entry is done expeditiously, with due care, without causing damage, and all materials and tools are removed afterward, with the land restored to its prior condition.