Legal Question in Real Estate Law in New Jersey

Dead tree!

In the back corner of my property is a dead tree. It is very close to where mine and my next door neighbor's property meet. There is no discernable survey marker. My neighbor wants the tree taken down, but believes it is entirely on my property and feels I should pay for it entirely. I have two questions. If the tree is partially on my neighbor's property, does he share partial responsibility for any damage done by it falling? If it is entirely on my property, and it falls and damages his property, am I responsible for the damage or will his homeowner's insurance cover his damages? thank You.


Asked on 8/14/00, 6:58 pm

1 Answer from Attorneys
Terri Santorella Santorella & Wheatley, P.C.

Re: Dead tree!

If this tree falls, it will be a question of fact as to who is responsible for the damage. Although your neighbor's insurance might cover it, the insurance company will have the right to turn around and sue you to get their money back. In this case, a good lawyer could make the difference between you not having to pay for any of the damage, and you having to pay for all of the damage. If you need a good lawyer, call us at 201-963-6445 to schedule an appointment. SANTORELLA & WHEATLEY, P.C., Parc Plaza, 590 Newark Ave., Jersey City, NJ 07306.

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Answered on 9/18/00, 9:28 pm


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