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Massachusetts Law in 30 Seconds · Property Damage

What Happens If a Neighbor Cuts Down My Tree in Massachusetts?

0:25 · M.G.L. c.242 s.7 (Willful trespass to trees, etc.; damages)

A tree standing on your land is your property in Massachusetts, and M.G.L. c. 242, sec. 7 answers a willful cutting with three times the assessed damages. The same section reduces that to single damages where the person doing the cutting had good reason to believe the land was his own or that he was otherwise lawfully authorized.

The multiplier and its off-ramp, in one sentence each

Section 7 makes a person who without license willfully cuts down, carries away, girdles or otherwise destroys trees, timber, wood or underwood on the land of another liable to the owner in tort for three times the amount of the damages.

Then it qualifies itself. Where the defendant is found to have had good reason to believe the land was his own, or that he was otherwise lawfully authorized to do the act, he is liable for single damages only.

Both halves have to be read together. The honest boundary mistake is answered at cost. The deliberate cut, made without permission and without any reason to think the land was the cutter’s, is what carries the multiplier.

Why valuation is the real fight

Section 7 multiplies “the amount of the damages,” and it never says what a tree is worth. That figure is established through appraisal, and it depends on the species, the size, the health, the position on the lot and what the tree was doing there, such as screening a view or shading a house.

Mature trees can appraise at figures that surprise people on both sides of the dispute. A general article cannot tell a Massachusetts property owner what a particular tree was worth, and neither can a thirty-second video. That number comes from an arborist or appraiser looking at the actual site.

Cutting another person’s trees can also draw attention under the criminal sections of chapter 266, and a separate statute, M.G.L. c. 87, sec. 3, governs public shade trees under the authority of a municipal tree warden. Those are distinct provisions with their own elements. The civil treble damages rule described here comes from c. 242, sec. 7 alone.

Full transcript of this video

Cold open: It was blocking my view.

Voice over: In Massachusetts, that tree is your property.

Voice over: Cutting it on purpose means triple damages. Chapter 242, Section 7.

Jim Glaser: Good reason to believe the land was his? Then he pays once, not triple.

Jim Glaser: Look it up at jimmyknows.ai.

Voice over: That view can cost him triple.

The actual law

M.G.L. c.242 s.7 (Willful trespass to trees, etc.; damages) on malegislature.gov

A person who, without license, willfully cuts down, carries away, girdles or otherwise destroys trees, timber, wood or underwood on the land of another is liable to the owner in tort for three times the assessed damages. The statute builds in its own off-ramp: if the defendant is found to have had good reason to believe the land was his own, or that he was otherwise lawfully authorized to do it, he is liable for single damages only. So the honest boundary mistake is answered at cost, and the deliberate cut is answered at triple.

A person who without license willfully cuts down, carries away, girdles or otherwise destroys trees, timber, wood or underwood on the land of another shall be liable to the owner in tort for three times the amount of the damages

Penalty as written: Civil treble damages, three times the amount of damages assessed, reduced to single damages where the defendant reasonably believed the land was his or that he was authorized. Tree valuation is the contested question, and mature trees can appraise high.

Common questions

Is the triple damages award automatic in Massachusetts?

No. Section 7 contains its own off-ramp. Where the defendant is found to have had good reason to believe the land was his own, or that he was otherwise lawfully authorized to do the cutting, he is liable for single damages only. The multiplier attaches to the willful cut without license, not to every tree that comes down at a property line.

What is a tree worth in this kind of claim?

Section 7 does not set a figure. It multiplies whatever damages are assessed. Valuation is expert-driven and turns on the species, size, condition, location and function of the specific tree, which is why no honest general answer exists and why appraisal is usually the contested part of these cases.

Does the statute cover more than cutting a tree down?

Yes. The text reaches a person who cuts down, carries away, girdles or otherwise destroys trees, timber, wood or underwood on the land of another. Girdling, which kills a standing tree by cutting through the bark around the trunk, is named in the statute alongside felling it.

What if the tree straddles the property line?

A tree standing on the boundary raises ownership questions that section 7 does not answer on its own, and Massachusetts case law treats boundary trees differently from a tree wholly on one owner's land. Because the answer turns on where the trunk actually sits and on what the deeds and survey show, this is a situation to describe to a lawyer with the specific facts rather than resolve from the statute alone.

Keep reading

More Massachusetts law in 30 seconds

This video and the text on this page are general legal information, not legal advice, and do not create an attorney-client relationship. Massachusetts law is fact-specific; telephone Jim Glaser Law about your particular situation. Past results do not guarantee future outcomes. Attorney advertising under Mass. R. Prof. C. 7.1 to 7.5. Responsible attorney: Jim Glaser, admitted in MA only, of counsel to Keches Law. Principal office: 77 Pond St., Sharon, MA. Most cases referred to other jurisdictionally licensed lawyers for principal liability. This video uses an AI-generated likeness and voice of Attorney Jim Glaser, with his permission.

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