My question involves personal property located in the State of Massachusetts:
I live in Boston. During the last storm (1/12/2011) a large limb from a tree on my neighbor's property fell into my yard. Though it caused no damage, there is still the matter of removal of the limb from my property. Insurance on either side does not cover it and my understanding is that the removal, or cost of removal, is the responsibility of my neighbor as this constitutes some form of trespass onto my property. My neighbor has a different understanding and will not consent to take responsibility for the removal.
Am I correct is assuming that this is my neighbor's responsibility to remove their property(the tree limb) from my yard?
If so, can someone point me to the law or provision that supports this under MA state law?
I'd like to be able to cite the basis for their responsibility as they currently have framed their position around insurance coverage (i.e. their insurance does not cover it so they are not responsible) and I need to be able to offer them more than an opinion.