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The Trouble With Trees

By Gordon Orloff on July 17, 2018
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Unable to leave well enough alone, the Supreme Judicial Court used a series of wooden puns in deciding not to change the longstanding rule that a landowner cannot hold a neighbor responsible for damage caused by that neighbor’s healthy tree.  Shiel v. Rowell addressed Shiel’s nuisance and trespass claims that algae on her roof was caused by the Rowells’ overhanging tree.

The traditional Massachusetts rule allows Shiel to protect herself by cutting back encroaching trees, up to the property line.  The Court declined to ‘”uproot precedent,” because it is a clear rule that assigns responsibility and thereby minimizes legal costs and legal disputes between neighbors “who merely have an axe to grind,” and it also avoids burdening the courts with additional litigation.

As it did a few years ago in Taylor v. Martha’s Vineyard Land Bank Commission, the Court showed that it was open-minded enough to reconsider longstanding precedent, but ultimately decided against changing a rule that still makes sense.

 

Photo of Gordon Orloff Gordon Orloff

Gordon Orloff is a Boston-based lawyer focusing on business, real estate and probate litigation in the trial and appellate courts of Massachusetts.  Gordon represents clients in contract disputes as well as in trade secret and copyright cases, title, easement and zoning and boundary…

Gordon Orloff is a Boston-based lawyer focusing on business, real estate and probate litigation in the trial and appellate courts of Massachusetts.  Gordon represents clients in contract disputes as well as in trade secret and copyright cases, title, easement and zoning and boundary disputes.

Gordon is aware that some matters are best resolved outside of the courtroom and he regularly represents clients in alternative dispute resolution. He is a trained mediator and has served as a case conciliator at the Boston Municipal Court.

Gordon has presented on various real estate topics for Massachusetts Continuing Legal Education and other continuing legal education programs and is a member of Real Estate Bar Association’s Litigation Committee.  He also is a regular contributor to the blog, Massachusetts Land Use Monitor, which reports on new developments in real estate and land-use law.

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  • Posted in:
    Real Estate & Construction
  • Blog:
    Massachusetts Land Use Monitor
  • Organization:
    Rackemann, Sawyer & Brewster
  • Article: View Original Source

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