Nantucket Homeowner Sued For Allegedly Cutting Down Neighbors' Trees To Create Ocean View

A Nantucket homeowner is suing their neighbor, seeking over $1.4 million in damages, and accusing them of trespassing into their yard earlier this year and cutting down a stand of 50-year-old trees in order to create an ocean view for themselves from the abutting property. The alleged perpetrator subsequently listed their property for sale for nearly $10 million while touting its “sweeping ocean views.”

“The Defendant's actions were calculated to enhance the ocean view from his own residence at 3 Tautemo Way and were carried out with full knowledge that he lacked any legal right to do so," the lawsuit says. "The trees at issue were planted by the Belford family in the 1970s and maintained for nearly five decades. Their removal was not only a violation of the Plaintiff's property rights, but also caused lasting damage to the character, value, and privacy of the property.”

According to the lawsuit, Jonathan Jacoby was identified as the neighbor alleged to have conducted the tree cutting and lives at 3 Tautemo Way. The alleged victim, Patricia Belford, owns the abutting property at 1 Tautemo Way. Belford said the line of mature trees and vegetation had served for decades as a natural buffer and privacy screen between their home and neighboring parcels. The trees cut down included cedar, cherry, and leyland cypress, many of which were over 30 feet in height and decades old.

“These trees formed a natural barrier between the Belford home and Hummock Pond Road and provided shade, aesthetic value, privacy, and noise mitigation,” the lawsuit says.

Around February 22, Belford said Jacoby walked across their driveway to the south/southwest portion of the property and cut down over 16 mature trees without any notice or permission from her.

“The extent and location of the cutting, many feet away from the parties' shared property line, demonstrates this was no mistake,” the lawsuit says. “Jacoby performed this conduct intentionally and with the specific purpose of improving the ocean view from his own property located at 3 Tautemo Way.”

Jacoby's former landscaper, Krasimir Kirilov, provided a voluntary statement to the police where he told them Jacoby admitted to cutting down trees on the Belford property, and that Jacoby asked Kirilov to assist him with cleanup work. Kirilov said as he was about to finish the cleanup when the Belford's property manager Matt Erisman arrived at the property and was unaware of the cleanup work being done. Kirilov said when he explained to Erisman what was going on, Erisman told him he had no idea about what was going on. It led to Kirilov calling Jacoby, putting him on the phone with Erisman, and Erisman telling Kirilov he could leave after concluding his phone call with Jacoby.

Jacoby has since listed his 3 Tautemo Way property on the market with J Pepper Frazier, and the property description describes the home as being “developed and situated to capture the sweeping views of the Atlantic Ocean, Hummock Pond, and the 780 acres of conservation land between Hummock Pond and Madaket.” Belford said the views of the ocean are a result of the tree cutting, and not mentioned in the previous listing.

The lawsuit adds that Jacoby was unable to provide any “legitimate documentation of consent and determined that the cutting was done in a targeted fashion to expand views from the upper story of Jacoby's house.”

Nantucket Police Lieutenant Angus MacVicar confirmed that an investigation has taken place and that charges are pending against Jacoby for the incident.

The Current has also learned that the Belfords are in an assisted living facility off island.

“Based on the number of trees removed, the replacement cost alone exceeds $486,000,” the suit says. “This does not account for the historic value, loss of screening, increased noise, or reduction in overall property value. The complete removal of the trees destroyed the Belford Property's only natural buffer to Hummock Pond Road. As a result, the Belford Property is now exposed to full view from the street, and occupants are subject to significantly increased road noise, light, and privacy intrusion.

“The loss of the trees has significantly diminished the value and character of the Belford Property,” the suit continues. “The trees were a mature and integral part of the landscape, planted and cared for by the Belford family for nearly 50 years. (The tree cutter’s) actions were not only economically damaging but also emotionally devastating for Belford. The family viewed the trees as part of their home and history. Their removal was deeply distressing to Belford and the Belford family.”

There are four counts in the lawsuit that the Belford family are hoping a judge finds judgement in their favor on including trespassing, violation of G.L. c. 242, §7 (tree-cutting statute), conversion, and intentional infliction of emotional distress. The Belford family is also requesting to be awarded compensatory and statutory damages, including treble damages, award damages for emotional distress and punitive damages, enjoin the Defendant from trespassing on the Plaintiff's property; and order further relief as the Court deems appropriate.

"The way I feel is that I am confident once all of the facts and evidence have been presented, that justice will be served," Erisman told the Current. "However, much of what has been taken from the Belfords is irreplaceable, and it's sickening."

The Current reached out to Jacoby's attorney, Jim Merberg, but has not received a response.