Mary Shiel v. John Rowell & another

Summary

The Massachusetts Supreme Judicial Court reaffirmed the Massachusetts rule governing damage caused by a neighbor's healthy tree. It held that a property owner whose property is damaged by a healthy tree generally has no cause of action against the tree's owner, although the affected owner may cut back overhanging branches and intruding roots. The court affirmed dismissal of Mary Shiel's nuisance and trespass claims against John and Keli-Jo Rowell.

Holdings

1. Under the Massachusetts rule, an individual whose property is damaged by a neighbor's healthy tree has no cause of action against the landowner on whose property the tree stands. The neighboring property owner retains the right to remove the portions of the tree that overhang or intrude onto the owner's property.
2. The court declined to adopt the Hawaii rule, which would permit a cause of action for sensible property harm or imminent danger from a healthy tree, and reaffirmed the Massachusetts rule.

Questions Presented

1. Whether Massachusetts should overrule the Massachusetts rule that a landowner is not liable for damage caused by a neighbor's healthy tree.
2. Whether the plaintiff could maintain private nuisance or trespass claims for alleged property damage from branches of the defendants' healthy tree and obtain damages or injunctive relief.

Disposition

affirmed