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.

Six-figure settlement in Berkshire County tree trespass case

Year of Incident: 2025

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.