Legal Question in Real Estate Law in New Jersey

sick tree owned by us and neighbor's

My property line goes directly through a very large sick tree. My neighbors and I have compared each of our property lines according to our own deeds, and have agreed that we both own the tree. Though, I doubt they would admit that if it were to become an issue. The tree seems to lean a little more each year towards their property. Not only would it take out our power lines, it may hit their house &/or my car. I have offered to split the cost of taking the tree down in the past - and they never got back to me. If it falls, am I liable if we both own the tree? Should I have someone bipartisan find out now who owns it? Every year I worry more and more about it. Please help!


Asked on 11/13/05, 1:10 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: sick tree owned by us and neighbor's

If the tree is equally on the property line, you both have exposure. I suggest you mail your neighbor a letter, certified mail, return receipt requested, proposing the split of the cost. In the interim, if the branches can cause a possible power problem, contact your electric company and request they trim the branches. They usually do this periodically anyway, but it is a good idea to inform them of the potential problem.

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Answered on 11/14/05, 2:01 pm


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