Nantucket Tree Dispute: Can a Neighbor Cut Down Your Trees for a View?

A Nantucket homeowner is seeking over $1.4 million in damages after alleging a neighbor illegally cut down nearly 50-year-old trees on her property to create an "ocean view" for his own $10 million listing. This case highlights critical property rights and legal boundaries every homeowner should understand. The core issue is an alleged trespass and the intentional destruction of mature vegetation, resulting in a significant loss of privacy, buffering, and property value.

For property owners, this situation underscores the importance of knowing your rights and the severe legal and financial consequences of violating a neighbor's boundaries. Disputes over views, especially in high-value coastal markets, can lead to complex litigation centered on trespass (entering another's property without permission) and property value diminution.

What Are Your Property Rights Regarding Trees and Landscaping?

In the United States, property rights are sacrosanct. A homeowner generally has the exclusive right to everything on their land, including trees, regardless of who planted them. A neighbor typically cannot legally trim or cut vegetation that crosses onto their property if the trunk is rooted on your land without your explicit consent.

In the Nantucket case, the lawsuit alleges the defendant, Jonathan Jacoby, trespassed onto his neighbor Patricia Belford's property to cut down the trees. The complaint states the trees, including cedar and cherry species over 30 feet tall, were planted by the Belford family in the 1970s. This long-standing ownership strengthens the plaintiff's claim that her property rights were violated.

What Legal Recourse Do You Have If a Neighbor Damages Your Trees?

If a neighbor cuts down your trees without permission, you have the right to seek compensation. The law typically values destroyed trees based on either their replacement cost (the expense of purchasing and installing mature specimens) or the resulting diminution of your property's value. In severe cases, some states allow for triple damages.

The lawsuit against Jacoby cites a replacement cost exceeding $486,000, but seeks a total of $1.4+ million. This higher figure accounts for more than just replanting; it includes the loss of privacy, increased noise and light pollution, and the permanent loss of a natural buffer that took decades to grow. The complaint argues these factors have fundamentally degraded the character and market value of the Belford property.

How Can You Protect Your Property from Similar Disputes?

Proactive measures are the best defense against boundary and landscaping conflicts. Based on our experience assessment, the following steps can help prevent such issues:

• Formalize Boundaries: Have your property professionally surveyed to eliminate any ambiguity about where your land ends and your neighbor's begins. Marking these boundaries can prevent accidental trespass.
• Communicate and Document: Before starting any landscaping project near a property line, discuss your plans with your neighbor. For any agreements, especially regarding shared vegetation, consider putting them in writing.
• Understand Local Regulations: Many municipalities, particularly in scenic areas like Nantucket, have strict ordinances protecting mature trees or governing vegetation removal. Check with local planning departments before any major landscaping.

The key takeaway is that improving your own property's view cannot come at the expense of your neighbor's rights. The alleged actions in this case—entering a neighbor's land without permission and causing significant damage—carry serious legal and financial repercussions. Homeowners should always seek professional legal advice for boundary disputes and obtain written permission before performing any work near a property line.