Legal Question in Real Estate Law in New Jersey

boundry -trees

If I have a tree in my backyard and the branches are overhanging into my neighbors yard. Am I responsible to cut the branches down at my neighbor's demand? Can he cut them down without requesting permission? Thank you.


Asked on 7/12/04, 4:14 pm

2 Answers from Attorneys

Re: boundry -trees

Lets use some common sense here...

If it is your tree should you be responsible to maintain it? I think so. If you do not, your neighbor should tell you it needs maintainance. Minds may disagree if the branches are too low hanging, or if the tree health creates a danger that something may fall into the neighbor's yard, but generally, you must maintain, and if you do not, a neighbor may resort to self help. He can not however, remove all the brances over his portion of the property-line. He must act reasonably, just as you must.

If you exercise common sense, 99% of the time, you will be following the law.

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Answered on 7/13/04, 2:23 pm
Walter LeVine Walter D. LeVine, Esq.

Re: boundry -trees

You are required to maintain your trees, even if they overhang your neighbor's property. If you refuse to cut them, after he notifies you and requests you do it, if you refuse he can do it without your permission. He must do it in a way that the tree is not lost.

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Answered on 7/12/04, 4:57 pm


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