Standard disclaimer: I am not providing legal advice. The following is offered merely as off-the-cuff thoughts and recollections in response to your questions:
1) At my previous residence, I faced a similar issue where we had a problem with branches from our neighbors tree hanging over our roof. To my surprise, my research led me to the understanding that Massachusetts follows the rule that you are responsible for branches overhanging your property (many other states would place responsibility on the owner of the property where the tree enters the ground--but not Massachusetts)--those are my own words and likely do not precisely match the statutes/caselaw. Consequently, we paid to have the branches of our neighbor's tree trimmed. Though if they had offered as good neighbors to have the tree trimmed (and to pay for it), we certainly would have allowed them onto our property to do so.
2) If you did not agree to pay for the work, it does not sound as though anyone could colorably argue that an agreement was reached that would bind you for payment. Two key elements of any contractual agreement are (a) offer and (b) acceptance. From what you described, you may have accepted an offer to permit the trimmming to be performed on your property (whereby you agree not to hold them liable for trespassing on your property), though I don't see any acceptance of an offer involving payment.
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Date: 2008-09-10 02:17 am (UTC)1) At my previous residence, I faced a similar issue where we had a problem with branches from our neighbors tree hanging over our roof. To my surprise, my research led me to the understanding that Massachusetts follows the rule that you are responsible for branches overhanging your property (many other states would place responsibility on the owner of the property where the tree enters the ground--but not Massachusetts)--those are my own words and likely do not precisely match the statutes/caselaw. Consequently, we paid to have the branches of our neighbor's tree trimmed. Though if they had offered as good neighbors to have the tree trimmed (and to pay for it), we certainly would have allowed them onto our property to do so.
2) If you did not agree to pay for the work, it does not sound as though anyone could colorably argue that an agreement was reached that would bind you for payment. Two key elements of any contractual agreement are (a) offer and (b) acceptance. From what you described, you may have accepted an offer to permit the trimmming to be performed on your property (whereby you agree not to hold them liable for trespassing on your property), though I don't see any acceptance of an offer involving payment.
Just my 2c.