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Massachusetts Tree Law

By Doug Cornelius

I had previously posted about the Massachusetts Rule on Tree Liability. Last month, the Massachusetts Appeals Court generated some new law on trees in the case of Glavin v. Eckman 71 Mass. App. Ct. 313 (2008).To improve their own view of the ocean, Eckman cut down ten mature oak trees on the property of their neighbor, Glavin, without the permission of Glavin. Glavin brought a claim under M.G. L. c. 242, § 7."A person who without license wilfully cuts down, carries away, girdles or otherwise destroys trees, timber, wood or underwood on the land of another shall be liable to the owner in tort for three times the amount of the damages assessed therefor; but if it is found that the defendant had good reason to believe that the land on which the trespass was committed was his own or that he was otherwise lawfully authorized to do the acts complained of, he shall be liable for single damages only...continue to full post

Full post as published by Real Estate Space on April 04, 2008 (boomark / email).