Who Owns the Tree by the Street? Shade Tree Rules in Framingham

By the crew at Framingham Tree Service. Updated October 2026.

A lot of calls start with a homeowner worried about a tree near the road. Before anything else, we need to know whose tree it is. In Massachusetts, a tree that looks like it belongs to you may legally belong to the city.

Public shade trees

Under Massachusetts General Laws Chapter 87, the public shade tree law, trees within the public way or on its boundary are public shade trees. If it is unclear whether a tree is inside the public way, the law treats it as public until shown otherwise. The public way often extends past the pavement, so a tree on what looks like your front lawn may still be a city tree.

Every city and town in Massachusetts has a tree warden who is responsible for these trees. In Framingham, that falls under the city's public works department. Nobody else can cut, trim or remove a public shade tree without the tree warden's permission.

When a hearing is required

To remove a healthy public shade tree, the tree warden must hold a public hearing, with notice posted on the tree and in public places ahead of time. If someone objects in writing, the decision can go to the city's elected officials. Trees that pose an immediate hazard can be removed without a hearing.

The upshot: if a street tree worries you, call the city first. Hazardous trees often get handled by the city at no cost to you.

Scenic roads

Some roads in Massachusetts towns are designated scenic roads. Cutting trees along those roads usually needs Planning Board approval after a hearing, in addition to the tree warden. Ask the city or town if you are on one.

Your neighbor's tree

In Massachusetts, you can generally trim branches that hang over your property line, at your own expense, as long as you do not damage the health of the tree or go onto your neighbor's land without permission. You cannot remove the tree or cut it back so hard that it dies.

If a healthy tree falls in a storm, it is usually treated as an act of nature and each owner's insurance handles damage on their side. If a neighbor was told a tree was dead or dangerous and did nothing, that can change things. For anything beyond trimming, talk to the neighbor first, and talk to a lawyer if it becomes a dispute. This guide is general information, not legal advice.

How we help

When we come out for an estimate near the road, we will tell you if a tree looks like it may be in the public way, and we will not cut a public shade tree without the right permission in hand. Call us if you are not sure, and we will help you figure out the next step.

Common Questions

Can I trim my neighbor’s branches over my yard?

In Massachusetts you can generally trim overhanging branches back to your property line at your own cost, as long as you do not kill or seriously harm the tree. Talk to your neighbor first.

Who removes a dead tree by the street in Framingham?

If it is a public shade tree, the city handles it. Contact the city’s tree warden through public works and report it.