Is The Law Of Nuisance Caused By Trees Quite Clear

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Nuisance Trees: Encroaching Branches and Tree Roots

1 hours ago Ci.north-branch.mn.us Show details

free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance.”1 In the context of neighbors and their trees, the branches from your neighbor’s tree that rub against your roof or the roots that push up your sidewalk are considered a nuisance.

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Posted in: Nuisance tree law in florida

Nuisance Trees Kimball Tirey & St. John LLP

9 hours ago Kts-law.com Show details

Jamie Sternberg, Esq. Updated June 2020 The tree which moves some to tears of joy is in the eyes of others only a green thing that stands in the way. . . . – William Blake, 1799, The Letters Two neighbors can feel very differently about the same tree. A tree

Estimated Reading Time: 4 mins

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Posted in: neighbor law trees

Who is Responsible for Nuisance or Damage Caused by a Tree?

9 hours ago Legalteamforlife.com Show details

The State of Florida follows the common law, and the majority rule in the United States, that “a possessor of land is not liable to persons outside the land for a nuisance resulting from trees and natural vegetation growing on the land. The adjoining property owner to such a nuisance, however, is privileged to trim back, at the adjoining

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Posted in: neighbor tree law california

Hastings Environmental Law Journal

3 hours ago Repository.uchastings.edu Show details

common. All across this country, neighbors fight to let trees grow, to cut trees down, or simply to decide who owns the trees in the first place. These disputes are messy, costly, annoying, and can even turn deadly. * J.D. Candidate, University of California, Hastings College of the Law

Author: Ellis Raskin
Publish Year: 2015

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Posted in: Nuisance neighbors laws

IT PAYS TO KNOW: California Tree Law Rafu Shimpo

1 hours ago Rafu.com Show details

If your city does not have such a “view ordinance,” all may not be lost. Under a little-known California law (Civil Code Section 841.4), trees and hedges planted in a row to form a barrier may be deemed a fence. Therefore, if they exceed 10 feet in height, they can be deemed a nuisance and hence illegal under Wilson v. Handley (2002).

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Posted in: mn nuisance tree law

Liability for Damage Caused by Tree Roots

5 hours ago Expertlaw.com Show details

No negligence is required, only that there is an encroachment from the property of one owner (the tree) into the property of another. Damage caused by the nuisance is the responsibility of the party whose property created the nuisance. * * * As to damage caused by tree roots or tree branches, the law is quite clear. The owner of the tree is

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Posted in: Property Law

Your Neighbor's Fences and Trees – Are They A Nuisance?

1 hours ago Yourlegalcorner.com Show details

Pursuant to Civil Code Section 841.4, a "fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in height maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance." Pursuant to California law, trees and hedges planted in a row to form a barrier may

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Posted in: Form Law, Property Law

Is a tree causing you nuisance? Levi Solicitors LLP

6 hours ago Levisolicitors.co.uk Show details

1. So does your neighbour owe you a duty of care, to ensure that his tree roots or branches do not cause issues? Case law sets out that your neighbour has a duty to do what is reasonable in all the circumstances to prevent or minimise the risk of interference with or damage to your property. However, this duty will only come about where: 1. Your neighbour is aware that his tree roots or branches are encroaching (or ought to have known); and 2. There was a reasonably foreseeable risk of damage to your property, as a result of the encroachment. It would depend on your particular circumstances as to whether the court would constitute the neighbour’s actions as reasonable. However, if your neighbour owes you a duty of care, and is found to be in breach of their duty to you, there may be a claim in negligence (particularly if the tree has caused damage).
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Posted in: Law Commons

Tree Law California tozerlaw.com

1 hours ago Legal-news-california.tozerlaw.com Show details

In summary, in California, trees are well protected. Code of Civil Procedure § 733 and Civil Code § 3346 allow a tree owner to recover up to three times the cost of repairing the damaged tree. Under case law, the tree owner can also, recover for the damage caused to the aesthetic value of the tree.

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Posted in: Civil Law, Air Law

The Liability of Property Owners for Damage Caused by

8 hours ago Dunncox.com Show details

Hurricane Ivan has left our shores causing billions of dollars in damage to properties, homes, businesses and general infrastructure. Also left behind by this recent natural disaster is the lingering question of the liability of property owners as a result of trees, branches, mud, landslides, objects and other materials from their property causing damage to a neighboring property.

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Posted in: Business Law, Property Law

Private Nuisance On The Land The Law and the …

8 hours ago Stimmel-law.com Show details

As old as the concept of ownership of land is the concept of defending it from the trespass of others. Indeed, one can perhaps define “owning” land as the right to enjoy exclusive possession to it. A related concept which developed almost as long ago as the right to protect your land against trespass is the concept of “nuisance.” Put in its simplest sense, a nuisance for a property

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Posted in: Property Law

Common law tort of nuisance prevails over Forestry Act

3 hours ago Amk-law.ca Show details

Common law tort of nuisance prevails over Forestry Act. Two Toronto neighbours had an issue with a tree straddling their property line. [1] At issue was whether one neighbour had the right to cut down the tree without the consent of the other neighbour. This tree was damaged by the 2013 Toronto ice storm, losing one-third of its canopy in the

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Posted in: Property Law

Neighbor’s Trees: liablity and damages – Turner Law Firm

2 hours ago Kjtlaw-news-articles.com Show details

The Turner Law Firm has successfully handled lots of tree cases during the past twenty-five years. Trees may provide aesthetics and/or privacy, but a neighbor’s trees may be an annoying burden – the mess from falling leaves or fruit from overhanging tree branches; and tree roots can cause extensive damages to hardscape, other landscaping

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NEIGHBOUR LAW –NUISANCE, FALLING LEAVES, OVERHANGING

8 hours ago Dvh.law.za Show details

With regard to the problems caused by overhanging branches, no evidence had been led that the drastic measure of doing away with the trees was necessary. The evidence had not shown that all the problems complained of had been caused by the overhanging branches. The application was refused with costs. Nuisance – Overhanging Branches

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Nuisance Law: Enjoying Property without Unreasonable

3 hours ago Dummies.com Show details

A nuisance is an unreasonable interference with a person’s use and enjoyment of her property. Many types of activities may be nuisances, especially ones that cause the following: Noise. Odors. Dust and smoke. Pollution of air or water. Bugs, rodents, and other pests. Explosions and other vibrations.

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Posted in: Property Law, Air Law

Tree roots: causation in natural nuisance cases

8 hours ago Constructionblog.practicallaw.com Show details

In summer 2003, the tree roots from the Council’s land caused damage to Mrs Robbins’ house. In 2004 and 2005, the Council ordered work to be carried out on the offending trees. That work was to comprise a 25% crown reduction in the trees. However, that work was not carried out. In summer 2006, the tree roots caused further damage to Mrs

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Unit 7 – Nuisance and Other Common Law Solutions to

2 hours ago Projects.ncsu.edu Show details

there is a presumption that the farm is not a nuisance, (3) certain types of agricultural operations are excluded from nuisance suits, or (4) certain types of claims are excluded (e.g., private but not public nuisances). North Carolina’s right-to-farm law is an example of the first type.

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Louisiana Laws on Property Disputes Between Neighbors Nolo

2 hours ago Nolo.com Show details

Louisiana Right to Farm Laws. All states have enacted laws that exempt farmers and other agricultural operators from complying with run-of-the-mill nuisance laws -- laws that restrict certain kinds of noisy activity like operation of heavy machinery, or prohibit the use of pesticides, for example.

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Posted in: Property Law

Noise & Nuisances Neighbor Law Guides at Texas State

1 hours ago Guides.sll.texas.gov Show details

Section 342.004 of the Texas Health and Safety Code. State law giving authority to municipalities to require landowners to keep their property free of weeds, brush and conditions constituting a public nuisance. Texas Health and Safety Code, Chapter 343. State law prohibiting public nuisances in the unincorporated areas of a county.

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Posted in: Property Law, Corporate Law

4 hours ago Goldenvalleymn.gov Show details

caused by unsound or "hazard trees." 11 A hazard tree is a tree with a defect plus a target, such as a sidewalk, a car, or a house in the path of an unstable or decaying tree. Minnesota cases involving negligence in tree law tend to fall into two categories: damage caused by trees or damage done to trees. Foreseeability is the common thread

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Trees….when are they a nuisance? McCarthy Tétrault

8 hours ago Mccarthy.ca Show details

The Court also held that as a matter of law, owners of private trees are required to take steps to abate the nuisance, including the trimming of tree branches or roots that could interfere with another land owner’s use and enjoyment of their property. Freedman v. Cooper, 2015 ONSC 1373. R.S.O. 1990, C. F.26.

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Posted in: Property Law

Encroaching Trees: Who Has The Right To Do What? Stimmel Law

9 hours ago Stimmel-law.com Show details

The encroachment of shrubs or vegetation, including a tree, upon a neighbor that causes any damage could be held to be a nuisance and damages could lie against the owner of the land on which the tree was located. In most states, a landowner is held to a duty of “common reasonable prudence” in maintaining shrubs and trees on their own

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Posted in: Law Commons

2 hours ago Lawguru.com Show details

We have two trees that our . neighbors state have caused damage . to their sewer line. They've replaced . their sewer line and are now suing . us for a minimum of $75K for . negligence, nuisance, trespassing, as . well as the $15.6K for their new line. In the 35 years as neighbors, this is . the first complaint of a sewer . problem in their 120

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Hedgeline. High Hedge Nuisance

8 hours ago Hedgeline.org Show details

'In your case, you say the local authority have agreed that there is "justifiable objection to the loss of light caused by the cypresses" in front of your living room windows, You say they have admitted that there is a nuisance", but that they do not act in cases of common law or private nuisance. Section 80 is quite clear on this point.

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Branching Out Into Tree Law

2 hours ago Betenskylaw.com Show details

Branching Out Into Tree Law. September 1, 2012. Most real estate attorneys, brokers and appraisers would agree that trees generally enhance the beauty of a property and therefore increase its value. In addition to looking nice, trees stabilize steep slopes, reduce erosion and sedimentation from storm water runoff, and provide shade which can

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Posted in: Estate Law, Property Law

The Trouble With Trees The Law May Be On Your Side, But

2 hours ago Archive.seattletimes.com Show details

Thus, Merullo says, the trees usually rule. (And lest anyone contemplate a little clandestine midnight pruning, he points to a state law that awards triple damages to the owner of the violated flora.) As for the debris problem, Merullo believes that under Washington law, this constitutes a nuisance, and the owner of the shedding tree is

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Fordham Law Review

8 hours ago Ir.lawnet.fordham.edu Show details

Nuisance law exerted a greater influence on zoning when it was in its forma-tive stages than it does today. It was early recognized that the validity of zon-ing laws was based not upon their relation to the law of nuisance, but upon the police power of the state. 24 . Yet courts relied on the concept of nuisance in pass-

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Posted in: Form Law

"Good Night, Irene" – The Law of Fallen Trees Ward and

8 hours ago Wardandsmith.com Show details

The law of fallen trees in North Carolina is based largely on the legal theory of negligence. According to this theory, for you to be liable for damages caused by a fallen tree, you must have known the tree was hazardous and the hazard must have been obvious. By failing to eliminate a known hazard, you would be in breach of a duty to protect

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How to Sue a Neighbor for Nuisance LegalMatch Law Library

7 hours ago Legalmatch.com Show details

When a nuisance occurs, a court may order the responsible party to limit or cease the activity cause the nuisance by issuing an injunction. The individuals who were affected by the nuisance may also be entitled to damages. If the nuisance is criminal in nature, the responsible party may be jailed or be required to pay criminal fines.

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Posted in: Criminal Law

Nuisance Lawsuit Definition, Examples, Cases, Processes

5 hours ago Legaldictionary.net Show details

The term nuisance lawsuit can refer to one of two types of lawsuits. The first is a tort lawsuit of the nuisance, which is a situation wherein the plaintiff claims that the defendant is causing a nuisance. The second is a frivolous lawsuit. A frivolous lawsuit involves a plaintiff bringing a lawsuit that serves as nothing more than a nuisance to the defendant.

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Handbook of Florida Fence and Property Law: Trees and

9 hours ago Edis.ifas.ufl.edu Show details

could cause foreseeable damage to a neighboring property. In other words, it is foreseeable that a dead tree will fail (especially during a storm), which creates a common law duty of care to remove the dead tree to in order to prevent damage to neighboring property. Under this theory, the duty to remove trees may not be limited to dead trees, but

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Posted in: Property Law

Tree Owner’s Rights and Responsibilities

4 hours ago Extension.tennessee.edu Show details

an interest in both boundary and border line trees. According to Tennessee law, an adjoining landowner may prune away roots or other vegetation intruding upon the property line at his or her own expense if roots or vegetation create a nuisance or cause harm or …

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Posted in: Property Law

Private vs. Public Nuisance Claims Against Property Owners

4 hours ago Alllaw.com Show details

Individuals harmed by a private nuisance may sue the offending property owner for damages caused by the activity, such as medical bills, loss of property value, or the cost of repairs. They may also request the court to issue an injunction—an order telling the property owner to put an end to the nuisance. Under most public nuisance laws, on

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Posted in: Property Law, Medical Law

Tree Disputes with Neighbors FAQ Nolo

4 hours ago Nolo.com Show details

The book Neighbor Law, by Attorneys Emily Doskow and Lina Guillen, provides extensive advice on tree-related law and liability issues involving invading branches, damage from an unsound tree, boundary trees, and more, including how mediation or small claims court …

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Posted in: Media Law

Trees: Tort Liability For Injuries Involving Trees

8 hours ago Citylandnyc.org Show details

Trees under the common law were considered natural conditions with the result that possessors of land were not liable for injuries caused trees. Professor William Prosser wrote in the first edition of the hornbook on Torts (1941) that the traditional common law rule was that the possessor of land was under no affirmative duty to make safe

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Lucas v. South Carolina Coastal Council, 505 Justia Law

3 hours ago Supreme.justia.com Show details

Public nuisance was first a common-law creation, see Newark, The Boundaries of Nuisance, 65 L. Q. Rev. 480, 482 (1949) (attributing development of nuisance to 1535), but by the 1800's in both the United States and England, legislatures had the power to define what is a public nuisance, and particular uses often have been selectively targeted.

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Causing a Nuisance: Tree Root Damage Warner Goodman

2 hours ago Warnergoodman.co.uk Show details

Allowing tree roots to encroach on your neighbour’s land constitutes common law, private nuisance. To make a claim against your nuisance neighbour for tree root damage, it has to be proven that the damage was caused by the encroachment of tree roots and that the owner of the tree breached the ‘duty of care’ owed to the neighbouring land

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California tree law 15 Minute Free Consultation

1 hours ago Equitylegalllp.com Show details

When encroaching branches or roots cause severe harm or damage to neighboring property. If the tree is inherently dangerous or poisonous. If the tree was planted by the owner; As noted above, the law regarding encroaching trees is a common-law rule; therefore, most states do not have clear ordinances or regulations for reference.

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Posted in: Property Law

4 hours ago Blogs.loc.gov Show details

Neighbor Law, by Emily Doskow; Tree Law Cases in the USA, by Lew Bloch; To see if there are any tree and neighbor law resources regarding the laws in your state, consider doing a subject search in WorldCat for subjects like: “TreesLaw and Legislation,” “ TreesLaw and legislation–[State Name],” “Trees in cities–Law and legislation–[State Name],” and “ Adjoining

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When your neighbor's tree causes damage Law Office of

2 hours ago Tommurphyslaw.com Show details

A limb from your neighbor’s poorly maintained tree falls into your property causing damage. The roots of your neighbor’s tree are causing your fence to uproot or shift. Your neighbor’s tree sheds its leaves, nuts, pods or other debris on your property. Although there is probably nothing the courts will do for leaves and pods on your

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Posted in: Property Law

Tree Law FAQs Trees and the Law in Canada Frequently

5 hours ago Treelaw.info Show details

Trees growing on clay soils can cause the clay soils to shrink and this may lead to movement of the foundations. These issues are far more common in Quebec than the rest of Canada. See section 4.2 Trees as a Nuisance – Roots and Subsidence. For Quebec see 8.5.2 Clay Soils – …

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Massachusetts law about neighbors and trees Mass.gov

7 hours ago Mass.gov Show details

Massachusetts laws. MGL c. 49 § 21 A fence or other structure in the nature of a fence which unnecessarily exceeds six feet in height and is maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property shall be deemed a private nuisance. MGL c.87, § 1 Public shade trees; definition.

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Posted in: Property Law

4 hours ago Lawguru.com Show details

Re: Nuisance Tree. The keys to winning a case like your are as follows: 1. Photos of the damage, location of the tree, etc. 2. Bills for cleaning and estimates to repair damage. 3. Maybe a survey map showing property lines plus . a diagram of where the tree is located. 4. Anything in writing to show that your . neighbor had notice of the harm.

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Posted in: Property Law, Air Law

Real Estate & Property Law Nuisance :: Justia

9 hours ago Justia.com Show details

1. To prove the existence of a public or private nuisance, the party bringing the suit (the "plaintiff") must prove that another party (the "defendant") engages in an activity that significantlyinterferes with public or private property rights. The interference must be substantial. For example, a person will not succeed in a nuisance action simply because they do not like the smell of a neighbor's cooking. A proper nuisance action may be alleged, however, if the smell of a neighboring dairy farm prevents a person from using his or her backyard or outside patio, or keeps a person from opening his or her bedroom windows.

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Posted in: Estate Law, Property Law

"Private Nuisance" in California How to bring a lawsuit

3 hours ago Shouselaw.com Show details

If the private nuisance causes physical injury or harm to the plaintiff, the injury victims may be able to file a personal injury lawsuit (in addition to the private nuisance claim). Compensatory damages in a California personal injury claim can include an award for: …

Author: Dee M.

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Posted in: Law Commons

Am I Responsible for the Leaves From My Tree That Fall in

7 hours ago Homeguides.sfgate.com Show details

Am I Responsible for the Leaves From My Tree That Fall in My Neighbor's Yard?. While you may adore that special tree that sits near the property line …

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Posted in: Property Law

10 Ordinances to Know When You Have a Nuisance Neighbor

9 hours ago Familyhandyman.com Show details

Loud Music Ends At Night, Too. If you live in Chicago, band practice has to end by 9 pm by law.The city prohibits “sound by any means” that exceeds 55 decibels in a residential unit. In a place like Los Angeles, though, your neighbors can keep the sound cranking all the way to 10 pm, at which point they’re only allowed to rock out up to 40 decibels.

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WHO IS RESPONSIBLE FOR TREE DAMAGE? BPE Law

8 hours ago Bpelaw.com Show details

As mentioned in prior Articles, California law is clear that a neighbor has to act “reasonably” in trying to stop actual or potential damage from a neighbor’s trees. If the tree is causing actual damage such as roots uplifting a deck or branches pushing down a fence, the owner can be held liable for “nuisance”, that is allowing his

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Posted in: Law Commons

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Frequently Asked Questions

Can a tree be considered a nuisance in a court of law?

Your neighbour is aware that his tree roots or branches are encroaching (or ought to have known); and There was a reasonably foreseeable risk of damage to your property, as a result of the encroachment. It would depend on your particular circumstances as to whether the court would constitute the neighbour’s actions as reasonable.

Who is liable if a tree falls on your property?

State law provides that the owner of a tree whose branches overhang an adjoining landowner’s property is liable for damages caused by the overhanging branches. Therefore, if your neighbor’s tree drops a branch and causes injury to a vehicle, person, or structure, they are liable to you for the damages caused.

What are the laws about trees in California?

For instance, California Civil Code 833 and 834 states that trees whose trunks reside on the land of one owner belong to him or her exclusively, even if their roots or branches grow into the neighbor’s property. As the tree owner, there is a duty to ensure that trees are adequately trimmed for purposes of reducing injury, property damage, or death.

What is the law about neighbors cutting down trees?

Property owners who are disturbed by their neighbor's trees are "not without recourse," though. They remain free to remove any part of the tree that crosses the property line. Wellesley Conservation Council v. Pereira, Civil No. 17-863 (Norfolk Super. Ct.) (2018), 35 Mass. Law Reporter 113 (2018)

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