Thursday, August 26, 2010

Trebled Damages for Unauthorized Cutting Down of Trees

A jury recently found a defendant responsible for cutting down his neighbor’s trees without permission and awarded the neighbor $30,000 in damages. The neighbor proved by expert testimony that the replacement value of the trees came to $30,000. What the average person does not know is that the law under M.G.L. c. 242 §7, requires any damages to be tripled. Thus the final award was $90,000 plus interest and costs.

You must receive written permission from your neighbor to cut down trees which may block your view or for any other personal reasons. If you are able to obtain a written permission slip describing the details permitted, make sure that you give a copy to the tree service because they will not perform the service on someone else’s property without written authorization.