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.

Deering, NH tree dispute settles for over $50,000

Year of Incident: 2025

Location: Deering, NH

Result: Pre-suit settlement of $55,000

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

Case Summary

The Plaintiff property owner resided in Deering, NH. A neighbor to his rear engaged in a tree-clearing project but failed to confirm the boundary lines before starting to cut. As a result, the neighbor cut approximately three dozen trees on Plaintiff’s property ranging from 3 inches in diameter to 14 inches in diameter. Plaintiff commissioned a survey confirming the extent of the trespass.

The neighbor attempted to blame the trespass on the contractor he had hired to perform the tree removal work. He claimed that he had delineated the property line but that the contractor had ignored his instructions.

Ultimately, the neighbor’s homeowners insurance acknowledged that the neighbor likely held responsibility. There was no evidence supporting the neighbor’s assertion that the contractor had “gone rogue.” As the hiring property owner, the neighbor had a responsibility to carefully instruct and monitor the tree removal work being conducted on his behalf. This he failed to adequately do.

The neighbor’s homeowners insurance agreed to settle the matter for $55,000 prior to the Plaintiff needing to file a lawsuit.

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.

$325,000 settlement in Mont Vernon, NH timber trespass case

Year of Incident: 2023

Location: Mont Vernon, NH

Result: Pre-suit settlement of $325,000

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

Case Summary

The Plaintiff owned a home in rural Mont Vernon, NH. A neighbor hired a logger to clear pine trees from the back of his property. Unfortunately, neither the neighbor nor the logger verified the property boundaries prior to cutting. As a result, over 45 mature white pine trees, ranging from 10 to 25 inches in diameter, were cut down on the Plaintiff’s property.

It appears that the logger and neighbor mistakenly believed that the property line was a certain stone wall in the back of the neighbor’s property. However, the neighbor’s property actually ended almost 100 feet prior to the stone wall.

Plaintiff’s counsel filed claims with both the logger’s liability insurance carrier and the neighbor’s homeowners insurance. Unfortunately, the logger’s liability policy had a “cross-cutting” sublimit that limited its insurance coverage to only $25,000 for tree trespass claims. Thankfully, the neighbor’s homeowner’s insurance policy had a liability insurance limit of $300,000.

Plaintiff’s counsel estimated the replacement cost of the felled trees as more than $380,000. In light of the significant damages and the fact that there was no real defense to liability, both insurance policies paid their limits, for a total settlement of $325,000.