The nor’easter hitting Massachusetts this weekend is bringing trees down onto houses, cars and fences, many of them still in full leaf. The first question after the cleanup is almost always the same: whose tree was it, and does that matter?
Under Massachusetts law, it matters less than most people expect. What matters is whether the tree was healthy.
The Massachusetts rule: a healthy tree is nobody’s fault
The Supreme Judicial Court has said it plainly, more than once. “The law in Massachusetts has long been that a landowner may not hold a neighbor liable for damage caused by that neighbor’s healthy trees.” That is from Shiel v. Rowell, 480 Mass. 106 (2018), where the court was asked to change the rule and refused.
The rule traces back to Michalson v. Nutting, 275 Mass. 232 (1931), in which roots from a neighbor’s poplar clogged a sewer and cracked a cellar foundation. The court held there was no liability, because “an owner of land is at liberty to use his land, and all of it, to grow trees.” In Ponte v. DaSilva, 388 Mass. 1008 (1983), it applied the same reasoning to a woman who slipped on leaves and sap from a neighbor’s willow: “The failure of a landowner to prevent the blowing or dropping of leaves, branches, and sap from a healthy tree onto a neighbor’s property is not unreasonable and cannot be the basis of a finding of negligence or private nuisance.”
Applied to storm damage, the principle is straightforward. If a sound, healthy tree comes down in a storm and lands on your property, the neighbor who owns it is generally not liable. The loss is treated as the storm’s, and it goes to your own insurance.
The exception: a dead or decaying tree
The rule protects owners of healthy trees. Shiel cited Kurtigian v. Worcester, 348 Mass. 284 (1965), for the point that the rule “does not apply to unhealthy trees.”
Kurtigian is the model case for the exception. A man working in his yard was hit by a limb blown off a tree on the adjoining lot. The tree was dead. According to the findings, many of its small branches were gone, the bark was missing from its large limbs, most of the bark on the trunk was loose or had fallen off, and a heavy limb had already blown off in a windstorm the year before. The court affirmed a judgment against the city, which controlled the lot, describing the dead tree as a private nuisance whose harm was foreseeable.
Two lessons follow from it:
- Condition before the storm is the whole case. A claim against a neighbor depends on showing the tree was dead, decayed or visibly dangerous, and that its owner knew or should have known it. Photos of the tree taken before it fell, prior limb failures, and earlier written complaints to the owner are the kind of evidence that matters.
- Liability follows control. Kurtigian turned first on who controlled the land where the tree stood. A tenant, a landlord, a condominium association and a town can all be the responsible party depending on who controls the property.
If you have already warned a neighbor in writing about a dead tree, that letter is the most important document you have.
You can trim what hangs over your line
The flip side of the Massachusetts rule is self-help. A neighbor “has the right to remove so much of the tree as overhangs his property,” the SJC said in Ponte, repeating Michalson. Shiel reaffirmed it. After a storm, that means you may cut back limbs and branches that hang over or have fallen onto your side of the line.
The right is limited to your side of the line. It does not authorize going onto the neighbor’s land.
Trees along the street belong to the town
Under G.L. c. 87, § 1, trees “within a public way or on the boundaries thereof” are public shade trees, and if the boundary is uncertain, the tree “shall be taken to be within the highway and to be public property until the contrary is shown.” Many of the trees that come down onto driveways and front yards are in that category.
That has two consequences.
- Do not cut a public shade tree yourself. Under § 3, public shade trees “shall not be cut, trimmed or removed, in whole or in part, by any person other than the tree warden or his deputy,” even by the owner of the land underneath, without a written permit, and removal requires a public hearing. If a street tree is damaged or has come down onto your property, call the town’s tree warden or public works department rather than cutting it yourself.
- A claim against the town has a deadline and a procedure. Claims against a city or town for negligence go under the Massachusetts Tort Claims Act. Under G.L. c. 258, § 4, you must first present the claim in writing to the city or town’s executive officer within two years after the damage. The same general rule applies as with a private owner: a town is not responsible for the storm, but it can be responsible for a tree it knew or should have known was dead or dangerous.
Your own insurance is usually where the claim goes
Because the Massachusetts rule places most storm tree losses on the property owner who suffered them, the practical claim is usually against your own policy.
- Homeowners policies differ on wind and falling-tree damage, deductibles and debris removal. Read yours and report the loss promptly.
- Flooding is separate. According to FEMA, “most homeowners insurance does not cover flood damage.” Flood coverage is a separate policy, typically through the National Flood Insurance Program, and FEMA says there is typically a 30-day waiting period before a new policy takes effect. Coastal flooding this weekend is not something a policy bought today will cover.
Document everything before cleanup: photographs of the tree, the stump, the break point, and the damage, with the date. If the tree looked healthy, those photos support your own claim. If it looked dead, they support a claim against whoever controlled it.
Frequently asked questions
My neighbor’s tree fell on my house in the storm. Is my neighbor liable?
Generally not, if the tree was healthy. Under the Massachusetts rule reaffirmed in Shiel v. Rowell (2018), a landowner is not liable for damage caused by a healthy tree. The exception is a dead, decayed or visibly dangerous tree the owner knew or should have known about, as in Kurtigian v. Worcester (1965).
Can I cut branches from my neighbor’s tree that hang over my property?
Yes. Massachusetts law lets you remove the part of a neighbor’s tree that overhangs your property, on your side of the line.
A town tree fell on my car. What do I do?
Trees within a public way are public shade trees under G.L. c. 87. A negligence claim against a city or town must be presented in writing to its executive officer within two years under G.L. c. 258, section 4. Liability generally depends on whether the town knew or should have known the tree was dangerous.
Does homeowners insurance cover flood damage from the nor’easter?
Usually not. FEMA says most homeowners insurance does not cover flood damage, which requires a separate flood policy, typically with a 30-day waiting period before it takes effect.
Sources: Citations verified and opinions read: Shiel v. Rowell, 480 Mass. 106 (2018); Michalson v. Nutting, 275 Mass. 232 (1931); Ponte v. DaSilva, 388 Mass. 1008 (1983); Kurtigian v. Worcester, 348 Mass. 284 (1965). Statutory text of G.L. c. 87, sections 1 and 3, and G.L. c. 258, section 4 read at malegislature.gov. Flood insurance statements from FEMA (fema.gov and floodsmart.gov). Insurance coverage depends on the terms of each policy. General information about Massachusetts law, not legal or insurance advice.