Favorable settlement reached in Marlborough, MA case where neighbor cut trees

Year of Incident: 2023

Location: Marlborough, MA

Result: Pre-suit settlement of $65,000

Attorney: Israel F. Piedra, Esq., of Welts, White & Fontaine, PC

Case Summary

In the summer of 2023, our clients (the Plaintiffs) returned home to find that three large oak trees on their property had been removed without their permission by their neighbors. The trees were close to the boundary line, but a subsequent survey confirmed they were fully on Plaintiffs’ property.

The neighbors claimed that they thought the trees were on their property and that they thought they had permission to remove them. However, that did not absolve them of responsibility. After trying unsuccessfully to resolve the dispute on their own, in 2025 Plaintiffs hired Welts, White & Fontaine, PC, to represent them. We were able to tender the claim to the neighbors’ homeowners insurance and present a demand for settlement. The insurance company disputed our assessment of the trees’ value and denied that treble damages were available. However, the insurance company ultimately agreed to pay a settlement of $65,000 — a fair figure for a pre-suit claim involving only three trees.