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New Picture“Massachusetts law recognizes a right of self-help by which a property owner can cut the limbs or branches of a tree that invade his property as long as such cutting is done at the property line. ‘A neighbor has the right to remove so much of the tree as overhangs his property.’ Ponte v.DaSilva, 388 Mass. 1008 (1983). ‘The neighbor . . . is . . . not without remedy. His right to cut off the intruding boughs and roots is well recognized.’ Michalson v. Nutting, 275 Mass. 233-34 (1931). . .This right to self-help is not confined to those parties who can show that their property was sufficiently damaged to justify their right to exercise self-help. The remedy is open to any party whose property is invaded by intruding boughs and roots.”

–   Marcero v. Busconi, Civil No. 99-03577E (Middlesex Superior Court),12 Mass. L. Rep. 521 (2000)

For more information, see Massachusetts Law About Neighbors and Trees.

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