Legal Question in Real Estate Law in New Jersey

My neighbors tree

My neighbor has very large trees (at least 50 ft)that grow over my yard. One of them is leaning on my fence and on the top of my shed, clear over to the nieghbor to the other side of me. The other trees roots have grown up under another part of my fence and are pushing the fence up. I have large branches (about 15-20 ft) that have begun falling in my yard and over my shed. Whose responsibility is it to cut down these trees? What can I do?


Asked on 1/22/06, 6:14 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: My neighbors tree

This is a typical problem and one that should be easy to resolve, depending upon your relationship with the neighbor. It is the neighbor's responsibility to keep the trees clear of infringing on your property or causing damage. If you cannot talk to him to resolve the problem, I suggest sending him a certified letter explaining the problem and suggesting solutions. Give him a short period to respond and resolve the problem (like 2 weeks). If he refuses, you can have the work done and bill him for the costs of trimming and repairing any damage. Unfortunately, in many instances the neighbor refuses to do anything and litigation may be necessary to recover your costs. Do you have a Dispute Resolution Committee is your Town (usually affiliated with your Municipal Court)? If so, and you cannot reach an agreement with your neighbor, such committees (I serve on one for my Town) try to mediate these differences, thus avoiding lawsuits.

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Answered on 1/23/06, 11:06 am


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