getting City tree trimmed?

[jd-science.livejournal.com]

Looking for advice... I put in a request to 311 over two months ago to have a City tree in front of my house trimmed. I've followed up 3 times to 311 and once to an individual DPW employee. The only responses I've gotten are that my request has been sent to DPW.

Has anyone ever had a situation like this and dealt with it successfully? It's apparently not allowed to have a private company come trim the tree, so I'm a bit stuck. 311 has generally been helpful, but in this case I'm getting pretty frustrated.

Thanks!

Comments

[pywaket.livejournal.com]

As far as I can determine, according to MA law, the city is wrong:

http://www.lawlib.state.ma.us/subject/about/trees.html
http://massrealestatelawblog.com/2013/01/27/check-before-you-cut-massachusetts-illegal-tree-cutting-carries-substantial-civil-penalties/

"Branches Over The Property Line

Under Massachusetts common law, you may remove branches of a neighbor’s tree extending over your property line as long as you don’t kill or damage the tree. Also, the neighbor has no liability for roots growing into your yard and causing damage. Massachusetts law does not allow a person to cross or enter a neighbor’s property for these purposes without the neighbor’s consent, nor to remove any branches or other vegetation within the confines of the neighbor’s property. This is the “Massachusetts Rule.”

This wouldn't be the first time the City of Somerville overstepped it's authority.

[gruene.livejournal.com]

I suspect a public tree may be a different legal entity than a neighbor's tree.