Shrub Encroachment Resolution Steps

Summary

In Massachusetts, encroachment issues are typically the responsibility of the current property owner, not the original planter. You have the right to trim branches and roots that cross into your property. If access is blocked, consider sending a written request to the current owner for permission to access their property. Mediation or hiring a professional landscaper may also be options. The original owner is generally not liable once the property is sold. If unresolved, legal action may be necessary to enforce your rights.

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yes, with the original neighbor for planting them, is he culpable?
In Massachusetts, the liability generally falls on the current property owner, not the original planter. It's advisable to address the issue with your current neighbor. If unresolved, you might consider legal action to enforce your rights to trim or remove the encroaching shrubs.
but I cannot physically get into the area, the shrubs block my access
In this situation, you have a couple of options:
- Written Notice: Send a written request to the current property owner, explaining the situation and asking for permission to access their property to trim the shrubs.
- Mediation: Consider mediation to reach an agreement with the neighbor.
Would you like information on mediation services or legal assistance?
he has given me permission, but I cannot access the area due to the shrubs
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If you have permission but still can't access the area due to the shrubs, you might consider:
- Hiring a professional landscaper to trim the shrubs, as they may have tools to reach difficult areas.
- Requesting that the current property owner trim the shrubs themselves or assist you.
If these steps don't resolve the issue, legal assistance could help enforce the agreement. Would you like more information on legal services?
is there any way the original owner could be responsible for my blocked access?
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In Massachusetts, the original owner is typically not held responsible for issues like this once they have sold the property. Responsibility usually falls on the current property owner. You might want to continue working with your current neighbor or seek legal advice if the issue persists.