Trees and Property Rights 2.0. The Massachusetts Rule or the Hawaii Rule?

If a tree overhangs into your neighbor’s property and causes damage, are you liable?

  • Massachusetts Rule says no you are not liable.
  • Hawaii Rule says yes you are liable.

More trees and property rights issues to ponder.

Harvard University | Property Law Developments | “Massachusetts rule” reaffirmed: no liability if an overhanging tree damages neighboring property