Legal Question in Real Estate Law in New Jersey

Re: Trees, Shrubery, Bamboo and Brush

Yes, overgrowth from your neighbor's yard is technically a trespass and yes, as a general rule you can trim it back to the property line so long as you act reasonably to minimze the damage to the tree as a whole (use pruning snips, not a chainsaw). And, yes in a proper case you could be awarded damages to be paid by your neighbor but don't expect the Judge to be happy to see you when he learns what your case is all about.

That being said, our legal system will not offer any remedy that will change the fact that having a person living next door whom you have just sued will be awkward at best and hostile or worse at the other extreme.

Since you apparently cannot discuss this rationally with your neighbor, consider asking a mutual friend or acquaintance to act as a go between to try to help you find some common ground. No one's property rights are absolute and there may come a time when you need your neighbor to be tolerant of you or a situation on your property you are trying to deal with. Taking legal action, unless this situation presents a health or safety issue, is not likely to produce results satisfactory to you. It will, however, earn your the everlasting enmity of your neighbor and do you really want to live next door to someone you don't speak to and with whom your sole interaction is an exchange of dirty looks when you make eye contact?

This isn't legal advice but it is the most concise statement of a philosophy of life and one we would all benefit from as no truer words were ever spoken than by the famous English Prime Minister Benjamin Disraeli who said simply, "Life is too short to be small."

Re: Trees, Shrubery, Bamboo and Brush

Most municipalities have property maintenance ordinances. You should inquire of your local zoning officer whether or not your municipality has one. If so, your neighbor can be cited in Court. If not, you should seek the advice of an attorney to explore other options.

Keep in mind that this advice is given based on the little bit of information that you have

provided in your question. My advice may change based on other information. Further, no one

can rely on advice from an attorney who has not been retained. You cannot rely on this advice

because we have not personally met and you have not retained me as an attorney. If you have not

already done so, you should immediately meet with an attorney for a full consultation before you take any further steps. You may feel free to call me to discuss this matter in

more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good

luck! Rob Gleaner