Legal Question in Civil Litigation in New Jersey
Cutting of Property Line Trees
Wyckoff, Bergen County, New Jersey
I have a maple tree (over 70 years) close to the property line. Trees on property maintained and inspected every two/three years.
Tree in healthy condition per inspection by professional tree service. Said to be a good neighbor I could shunt/fill minor hole cost, cable a limb, not necessary, to console neighbor. I am willing to do this. Tree service stated this tree provides shade for my deck and house saving money on cooling house. It is not causing any problems to my neighbors house at all. She just does not like tree.
However, my neighbor - who has cut down just about every tree on her property, does not even go outside does not like the tree or any trees, wants to cut down all limbs facing her house that go over the property line to reduce the leaves on her property. There is no compromising with her.
The Town Official states that she can cut whatever overhangs her property it does not matter whether it is near the house or not.
However, I want to keep the tree. Can I stop her if cutting the limbs make the tree unsafe or makes this nice shaped tree ugly. She feels making half the tree ugly, I will cut down entire tree. What can I do?
2 Answers from Attorneys
Re: Cutting of Property Line Trees
Thank you for the inquiry. Please be advised that I have not been retained to represent you and the information is based on the limited facts you supplied. Howerver, one option is to apply to the Court for an injuncion. I would need more facts to determine if there are reasonable grounds to enjoin your neighbor from cutting the tree. Is the tree municipal property or your property. Sometimes a municipality plants trees for neighborhood beautification and/or clean air and these treet cannot be taken down or manipulated by either neighbor. It is the law that encoachments onto a neighbors property belong to the neighbors. Howerver, there are arguments to be made if the facts support them. How long has the tree been in place? How long have you and the neighbor lived there? Has the neighbor ever omplained prior to this instance? I would need further details in order to properly assit you. Feel free to contact me at 908-537-7975.
GOOD LUCK
Re: Cutting of Property Line Trees
you would have to go to court and enjoin her from cutting the tree
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