Legal Question in Real Estate Law in New Jersey
Tree branches encroaching on neighbors property
My mother has a home in New Jersey in which branches from trees that are on her property are encroaching on her neighbors property. Her neighbor wants her to either cut down the trees or cut the branches. Is she liable to cut the branches and/or trees or does the neighbor have to pay for the cost of removing the encroaching branches.
1 Answer from Attorneys
Re: Tree branches encroaching on neighbors property
The encroachment is caused by your mother's trees, so she is responsible for their removal. It does not matter that the branches are on the neighbor's property. If the neighbor tried to remove them without your mother's permission, she could be sued. So, I suggest they try to work something out on the cost of removal. If they cannot work it out, your mother could be forced to reimburse the costs of removal.
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