[MassHistPres] Tree survey

[Tad Heuer]

As a practicing land use attorney, I agree with Dennis.  At common law, real property is land and all objects affixed thereto, which includes trees.  The Massachusetts Supreme Judicial Court has agreed.  See Paine v. Assessors of Weston, 297 Mass. 173, 175 (1937) ("Growing trees permanently located on land -- usually described as standing wood and timber but including growing shade and ornamental trees -- are part of the freehold until severed therefrom . . . . growing trees permanently located on land are a part of the real estate."  

 

Items not affixed to land are known as chattels or “personal” property (a category that includes things like cars, boats, etc.).  

Tad Heuer
Former Chair, Wellesley Historical Commission

 

 

From: MassHistPres <masshistpres-bounces at cs.umb.edu> On Behalf Of Dennis De Witt
Sent: Friday, October 05, 2018 9:13 AM
To: Harry LaCortiglia <hlacortiglia at comcast.net>; masshistpres <masshistpres at cs.umb.edu>
Subject: Re: [MassHistPres] Tree survey

 

I would agree that trees may be “real property” but not "As an asset of the Town or of a private party.”  By that definition, a car could be called “real property.”

 

Rather, if you will excuse a Googled quote, Real Property has a more particular scope.  It is:

 all land, structures, firmly attached and integrated equipment (such as light fixtures or a well pump), anything growing on the land, and all "interests" in the property which may be the right to future ownership (remainder), right to occupy for aperiod of time (tenancy or life estate) the right to drill for oil, the right to get the property back (a reversion) if it is no longer used for its current purpose (such as use for a hospital, school or city hall), use of airspace (condominium) or an easementacross another's property. 

 

Dennis De Witt

Brookline





On Oct 5, 2018, at 4:47 AM, Harry LaCortiglia <hlacortiglia at comcast.net <mailto:hlacortiglia at comcast.net> > wrote:

 

Conversely, I would opine that the study does qualify for CPA funding. 

The Community Preservation Act itself states (in Sec. 5 B.1),"The community preservation committee shall study the needs, possibilities and
resources of the city or town..." 

The study of Historic Trees fits within the definition of a Historic Resource since the trees are "real property". (As an asset of the Town or of a private party.)

Additionally, I would ask if the "King's Stand" previously mentioned is an open space resource. (As an alternative funding possibility.)

When differences of opinions arise such as these, sometimes it's best to simply ask the community's CP Committee and if they recommend the project. 

Then let the Town Meeting voters decide.

Best,
H. LaCortiglia
Chairman, 
Georgetown Community Preservation Committee




 

 

On 10/3/2018 11:22 PM, James J O'Rourke Jr wrote:

Dear Ms. Gray:,

 

In order to obtain CPA money for a historic project, the asset must be “a building, structure, vessel, real property, document, or artifact.” Ch 44B, Sec. 2. I don’t think a tree qualifies under any of these categories.

 

Jim O’Rourke

Chairman, Somerset Historical Commission

 

From: MassHistPres  <mailto:masshistpres-bounces at cs.umb.edu> <masshistpres-bounces at cs.umb.edu> On Behalf Of Jane Guy
Sent: Wednesday, October 03, 2018 11:14 AM
To: Roughan, Michael  <mailto:Michael.Roughan at hdrinc.com> <Michael.Roughan at hdrinc.com>; ' <mailto:masshistpres at cs.umb.edu> masshistpres at cs.umb.edu'  <mailto:masshistpres at cs.umb.edu> <masshistpres at cs.umb.edu>
Cc: peter lagoy ( <mailto:Peter_Lagoy at msn.com> Peter_Lagoy at msn.com)  <mailto:Peter_Lagoy at msn.com> <Peter_Lagoy at msn.com>
Subject: Re: [MassHistPres] Tree survey

 

After consulting with the Community Preservation Coalition, attached is a letter that we sent to the City Council in response to their inquiry to use CPA for trees. It does not address a city-wide survey specifically, but does address the maintenance.

 

-Jane

 

WE’VE MOVED!

 

Jane A. Guy

Assistant Community Development Director

City of Salem

Department of Planning & Community Development

98 Washington St., 2nd Floor

Salem, MA  01970

978-619-5685

We no longer have a fax number.

 <mailto:jguy at salem.com> jguy at salem.com

 <http://www.salem.com/> www.salem.com

 

 

 

 

From: MassHistPres [ <mailto:masshistpres-bounces at cs.umb.edu> mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Roughan, Michael
Sent: Wednesday, October 03, 2018 10:53 AM
To: ' <mailto:masshistpres at cs.umb.edu> masshistpres at cs.umb.edu'
Cc: peter lagoy ( <mailto:Peter_Lagoy at msn.com> Peter_Lagoy at msn.com)
Subject: [MassHistPres] Tree survey

 

A concerned citizen in town has asked the Historical Commission to support a tree survey for specific Oak trees that may be 200 years old including a hemlock that was in a “King’s stand” that has been purported to have trees harvested for sailing ships prior to 1776. 

 

The HHC debated whether this work or subsequent tree maintenance work could be eligible for CPA funds. Has anyone done anything similar?

 

….Mike

 

Michael Roughan, AIA, EDAC, LEED AP, ACHA

Chairman - Hopkinton Historical Commission 

 

Town of Hopkinton

18 Main Street

Hopkinton, MA 01748 


D 617.357.7725 M 617.784.6463

 






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