Legal Question in Real Estate Law in New Jersey

Re: Tree branch damages neighbor's property

The first thing you should do is report this to your homeowner's insurance agent or carrier. If you don't report it and a claim is made, you will not be covered.

You should check with the arborist to see whether you could trim back any branches that overhang your neighbor's property. You should not maintain a condition on your property that may cause damage to your neighbors or their property.

For an answer as to the extent of your obligations and responsibilities, you should consult with a local lawyer, who would want to review the survey of your property and analyze all of the facts before advising you.

Re: Tree branch damages neighbor's property

As the owner of the tree, you are responsible for any damage to your neighbor's property. Since the damage occurred during a storm, this is probably covered by your homeowner's insurance and you should promptly advise them of the incident and possible claim.

You are not required to remove the tree, but will continue to have responsibility if any further damage occurs. If there are limbs that overhang the neighbor's property, check if they can be trimmed back to avoid any problems. It may be that this will be required periodically.

Walter