License required A license will not be required for individuals who provide services in their capacity as tree guardians, arbalists, utility foresters and urban foresters, and other similar practices. Shiel filed a complaint of private annoyance and home invasion against the Rowells after the tree caused algae to build up on the roof of Shiel's house and the Rowells refused to cut it down. The case was filed on appeal, and Shiel urged the SJC to adopt the “Hawaii Rule,” which allows the neighbor to require the tree owner to pay for damage and cut branches and roots if the tree causes, or there is an imminent danger of causing, damage to the neighbor's property. Municipal arbalists and other urban forestry personnel cannot act as certified arbalists for the removal of private trees.
On the Rowell property is a 100-foot tall sugar oak tree with branches that extend over Shiel's property. In an opinion mixed with fun word games about trees, the judges refused to uproot the precedent and reaffirmed the “Massachusetts Rule” that if a healthy tree causes damage to a neighbor's land, there is no liability. That said, I always advise homeowners who intend to cut down trees near border lines to consult a study or plot plan to ensure that the trees are not on their neighbor's land. Mitigation can be achieved by planting on the property, paying the City Tree Replacement Fund, or a combination of planting and paying.
See below for examples of mitigation based on different sizes of significant trees and replacement trees. Before cutting, pruning, or pruning trees on or near the edge of your property, it's always a good idea to check the plot plan or survey and talk to your neighbor before removing the chain saws. The method, known as the cost of cure, consists of determining the cost of planting trees and the estimated time for replacement trees to grow to the size of the destroyed trees (years to parity). If your trees have been unfairly removed by a neighbor or if you have removed them by mistake, you should consult an experienced Massachusetts real estate lawyer.
The law gives a utility company the right to remove or prune its tree if this interferes with the necessary and reasonable operation of the utility company. The National Electrical Safety Code requires that public services prune or remove trees that grow near power lines that threaten to disrupt the The analysis of the cost of restoration takes into account the aesthetics, functionality, age, height, circumference and species of trees, and formulates a value of restoration for the replacement of removed trees. See the Tree Protection Ordinance Regulations for a full list of special circumstances and documents required for each type of circumstance.