Atkins v. Adams
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The Supreme Judicial Court affirmed the judgment of the superior court declaring that Marie and Peter Adams had a right to trim, cut, or remove branches or limbs of the oak tree on adjacent property owned by Alan and Gail Atkins, holding that the superior court did not err.
Alan Atkins filed a complaint seeking a declaration that the Adamses had no right to cut down any portion of the Atkinses' oak tree. The Adamses counterclaimed, requesting a declaratory judgment stating the opposite. The superior court ruled in favor of the Adamses, concluding that the Adamses were entitled to cut or remove branches of the Atkinses' oak tree that encroached onto the Adamses' property. The Supreme Judicial Court affirmed, holding that the common law dictates that property owners have the right to cut any part of a non-boundary tree that encroaches onto their property, regardless of how their actions affect the tree.
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