[MassHistPres] Tree survey

[John Worden]

Street trees are protected by statute.  Before cutting one down, they are supposed to hold  a publicly advertised hearing at which people can object.  Then the aggrieved parties can appeal to the Board of Selectmen.  Sometimes  this rule is avoided by claiming  that the tree is “diseased” or in danger of falling down.

 

John Worden

Arlington HDC

John L. Worden III, Esq.
Simonds, Winslow, Willis & Abbott, P.A.
50 Congress Street, Suite 925
Boston, Massachusetts 02109

(617) 227-8662
(617 227-1961 -  fax

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From: MassHistPres [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Julie Nardone
Sent: Monday, October 08, 2018 10:17 AM
To: masshistpres at cs.umb.edu
Subject: Re: [MassHistPres] Tree survey

 

It depends where these trees are located. If they are in the public right of way, then they are shared property with the town and the land owner. They can and do routinely cut down trees in this strip without landowner permission. 

 

Julie Nardone

Ashland



-----Original Message-----
From: Tad Heuer <tadheuer at gmail.com>
To: 'Dennis De Witt' <djd184 at verizon.net>; 'masshistpres' <masshistpres at cs.umb.edu>
Sent: Mon, Oct 8, 2018 8:51 am
Subject: Re: [MassHistPres] Tree survey

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

 

 

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