A storm rolls through, you hear a loud crack, and when you go to take a look, your neighbor’s tree is lying across your yard. In that moment, one question usually rises above the rest: Who’s responsible for the damage? Understanding Massachusetts’ fallen tree laws can help you navigate these stressful situations and spot potentially dangerous trees before they cause problems.
Key Takeaways:
- In Massachusetts, property owners are typically responsible for removing fallen trees that land on their property, even if the tree belonged to someone else, as long as it was healthy before it fell.
- If a tree was visibly hazardous and the owner knew about it but failed to address it before the tree fell, they may be held responsible for removal and damages.
- The same rules apply to publicly owned trees (those between sidewalks and streets), with municipalities potentially liable only if you can prove negligence.
- After a tree falls, you should ensure safety, document damage with photos, contact your insurance company, and then arrange for professional removal services.
What to Do When a Tree Falls on Your Property
When powerful storms or nor’easters tear through the South Shore, downed trees can cause more than just a mess, they can damage homes, vehicles, fences, and power lines. If it happens to you, don’t panic.
Your first priority should always be safety. Make sure everyone is okay and there’s no immediate danger from hanging limbs, downed wires, or structural damage. Once it’s safe, take clear photos of the damage for your insurance claim, then call your insurance provider to start the process. From there, they’ll help determine next steps for removal and repairs.
Who is Responsible for Removing a Fallen Tree on Your Property?
When a tree falls, who pays for the cleanup isn’t always straightforward. The answer depends on whether the tree was privately owned or part of public property and understanding the difference can save you time and frustration.
The Massachusetts state government offers helpful guidance on how tree ownership and responsibility are handled across the South Shore.
Privately Owned Trees
Most of the precedent for fallen tree rulings in Massachusetts comes back to a 1983 case, Ponte v. DaSilva. In this case, the plaintiff sought compensation for injuries sustained after slipping on debris from a healthy tree near the property line. The court’s decision said that as long as the tree was healthy, any damage from it was not the tree owner’s responsibility.
When a healthy tree falls due to an “Act of God” (i.e., a storm or other weather event), removal responsibility falls on whoever’s property it is on. Even if you don’t own the tree, you’ll have to decide how to remove it and what company to work with.
However, there is an exception to this rule. If the tree was knowingly hazardous and fell after a weather event, it may be the responsibility of the tree’s owner to remove it.
Proving this is often difficult, as some tree issues are internal and are not easily detectable by most people. Additionally, there would have to be proof that the owner knew about the condition of the tree and refused to do anything about it.
Determining if there is fault at play is typically the jurisdiction of insurance companies, and they will decide who will be responsible. If you or an arborist notice something wrong with a neighbor’s tree, talk with them about it and document it in writing in case it fails.
Publicly Owned Trees
Publicly owned trees (those in the right-of-way between the sidewalk and street) fall under the same umbrella. The only difference will be dealing with your local municipality rather than with a neighbor.
The same rules of fault apply to these trees as to private trees. If you can prove negligence, removing a fallen tree will be the municipality’s responsibility. Otherwise, removing it if it’s on your property is your job.
Trees on Rental Properties
If you rent your property to someone else and a tree falls on it, the owner of the property is responsible for the removal, rather than the renter. Your homeowner’s insurance should cover the damage to the home or other structures on the property.
Leaning trees are more likely to fall during storms and may require removal.
Signs to Look for to Ensure Your Trees Are Not a Hazard to Others’ Property
If you want to ensure your or your neighbor’s trees are in good condition, consider inspecting them regularly or having an arborist perform a tree risk assessment. Some of the typical signs of at-risk trees include:
- Trunk cracks
- Damaged or missing bark
- Holes in the trunk
- Root damage
- Leaning
PRO TIP: To learn more about the symptoms of a dangerous tree and what they may mean, see our previous article on the seven signs of hazardous trees.
Frequently Asked Questions About Fallen Tree Removal Responsibility
To learn more about fallen or hazardous trees and the responsibility of removing them, we’ve answered some of the most frequently asked questions about the topic.
Who owns a tree in Massachusetts?
Massachusetts tree laws are generally straightforward regarding ownership. If the tree is solely on your property, it is yours. If the trunk straddles the property line, both property owners own the tree.
Will my insurance cover a fallen tree on the South Shore?
While homeowners’ insurance can differ depending on your plan and the provider, in general, it will cover a fallen tree and the damage it causes.
How do companies remove fallen trees in Massachusetts?
While every fallen tree and situation is different, there are a few consistent ways a company may remove a fallen tree. Tree removal cranes are often essential, not just for limiting damage to nearby structures, but also for speeding up removal, accessing hard-to-reach areas, and reducing the risk to workers on the ground.
Trust Top Notch Tree for Safe, Stress-Free Tree Removal
When a tree falls on your property, you’ll likely be responsible for removing it. And if you try to do it yourself or go with a disreputable company, the removal process may cause extra damage you’ll need to repair. If you want to ensure that fallen tree removal goes smoothly, you need the help of the professional team at Top Notch Tree.
Our team employs experts in the field with the equipment and techniques to safely and efficiently remove fallen trees. If you need help cleaning up after a storm, call us today at 781-871-8008 or request an estimate online.
