Six figure settlement in Berkshire County tree trespass case

Year of Incident: 2024

Location: Great Barrington, MA

Result: Pre-suit settlement of $100,000

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

Case Summary

The Plaintiffs owned a beautiful property in Great Barrington, MA. Their backyard was screened in by a row of tall hemlock trees that provided significant privacy from neighboring houses. Unfortunately, a neighbor to the rear apparently believed that the trees were on his property. Without first conducting a survey or consulting with the Plaintiffs, the neighbor hired a tree service company to remove the entire row of trees. As a result, the privacy, quiet, and beauty of Plaintiffs’ backyard was significant diminished.

Plaintiff’s attorney was able to put the neighbor’s homeowners insurance carrier on notice. The insurance carrier disputed the value of the trees and disputed that treble damages were available because the incident was supposedly an accident rather than a willful act. Ultimately, the parties agreed to a pre-lawsuit settlement of $100,000.