How To Deal With Tree Disputes When Buying or Selling a Home

By Chris Doherty

Christian Doherty lists and sells more homes than any other agent in the Greater Lowell, Massachusetts market with over 300 homes sold in the past 12 months. Chris is ranked in the top 1% of all agents in the United States.

Have you ever looked at a tree near a property line in Massachusetts and wondered, “Who does that even belong to, and can I do anything about it?” Tree and boundary disputes come up constantly in real estate, and I hear about them all the time from both buyers and sellers. These issues can get confusing fast, so I want to break down what actually matters when you’re dealing with trees that might impact a home, a view, or even the value of a property.

What buyers need to know. When you’re buying a home, you need to pay close attention to the trees around the property. A large tree that could reach the house is a real safety concern. If it falls on your home or even the neighbor’s, it quickly becomes your problem. That’s why it’s important to understand both the risk and the ownership.

The only way to know who actually owns a tree is to get a survey, which shows exactly where the trunk sits. If the trunk is on your side, you control what happens to it. If the trunk is on the neighbor’s land but branches hang over your property, you can trim only the parts crossing the line. Anything beyond that can lead to trouble.

Special considerations for sellers. If you’re selling and you have a tree that’s decaying or starting to fall apart, you can’t ignore it. A tree like that becomes a liability, and you could be held responsible if it causes damage. On the flip side, taking matters into your own hands and cutting your neighbor’s tree because it blocks your view is a fast way to end up with major penalties—in Massachusetts, that can even mean triple damages.

So, how do you handle tree and boundary concerns? The process really comes down to three steps. First, figure out if there are any trees that could affect the property. Second, find out who owns them by getting the land surveyed. Third, once you know that, you can decide what needs to be done, especially if the tree sits near a boundary and there’s potential for a dispute.

Tree issues might seem small, but they can derail a sale if they’re not addressed early. Buyers also don’t want to walk into a situation where they unknowingly inherit a problem. Getting the right advice upfront makes all the difference, whether you’re buying or selling.

I know how tricky these situations can be. If you’re dealing with any kind of tree or boundary concern while searching for or selling a home, reach out to me at 978-746-0124 or send an email to chris@dohertyproperties.com. This is exactly the kind of thing I help people navigate every day.