GLAVIN V. ECKMAN
881 N.E.2d 820 (Mass. App. Ct. 2008)
NATURE OF THE CASE: Eckman (D) appealed a verdict for trespass in favor of Glavin (P).
FACTS: When building their vacation home in 1996, D asked P for permission to cut the
stand of trees on P's property to enhance their view of the ocean. D refused their request,
indicating that he had personal reasons for not cutting the trees. In 2001, D hired Fragosa
to trim or cut down the trees that blocked their view of the ocean. It was readily apparent
that most of the trees D wanted removed were not on their property. Fragosa inquired of
Gentry, who granted him permission to cut and trim trees on her lot. Although Fragosa
obtained Gentry's permission, he did not ascertain the boundaries of her property relative
to the D or P properties, nor did he seek permission from P or any other property owners in
the area. Fragosa strayed fifty to one hundred feet across the unmarked boundary between the
Gentry and D lots and cut the stand of mature oaks on D's lot. The jury assessed $30,000 in
damages as 'the reasonable cost of restoring the property as nearly as reasonably possible
to its original condition.' The judge trebled those damages as required by the statute. This
appeal resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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