Legal Question in Real Estate Law in New Jersey

Re: neighbors tree fell down on my property

He probably is liable, but don't address the issues yourself. Make a claim through your homeowners' insurer and let their lawyers sort it out. That's what you pay them for.

Re: neighbors tree fell down on my property

On the scanty facts presented (you do not indicate whether this was a healthy tree, had it been hanging over your fence before the incident, was it struck by lightning, etc.) it is difficult to assess liability or if the incident meets the criteria for "act of God". I agree with John that you should file a claim with your homeowners insurance, also recommending that the neighbor do likewise, as you are covered. If the claim is valid (the homeowner whose tree is involved is usually, but not always, responsible) the insurers will work this out between themselves.

Re: neighbors tree fell down on my property

I would beg to differ with my colleagues.

The general rule is that one has no liability for naturally occurring (as opposed to man made) conditions on one's property, even if the owner planted the tree himself, unless there is or should have been knowledge that the act of planting would result in a foreseeable and unreasonable risk or, as was pointed out, the tree was damaged, rotting or dead prior to the storm such that a reasonable person would anticipate that a normal storm would knock it down. If an otherwise healthy tree is knocked over by a hurricane, the owner of the property on which the tree was located is not, without more, liable to anyone injured or sustaining damage as a result.