Legal Question in Real Estate Law in New Jersey

what kind of lawyer

what kind of lawyer should i hire? i am being sued in small claims court for cutting a neighbors tree which grew on to my property. tree is now dying


Asked on 6/09/04, 3:33 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: what kind of lawyer

A lawyer is not needed for Small Claims Court. You can do it yourself (think Judge Judy). If you really want one, I suggest you call your local County Bar Association which usually has a lawyer referral service and can give you several names. One question: Did you inform your neighbor of the problem before you cut the tree? If you did and he refused to take action, you may have been within your rights to cut the offending branches, as their growth may be considered a technical trespass onto your land. If you did not try to have him cure the problem, your exposure may be whether or not you did it yourself or had it done professionally. You have some exposure to the cost of replacement, but if you tried to have him remove the offending branches, roots, etc., that impacted on your enjoyment of your land, and he refused, the case will probably be dismissed. More so, if it was done professionally.

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Answered on 6/09/04, 3:41 pm


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