QUESTION

my neighbor cut the limbs off a tree that is half on both our property

Asked on Jun 08th, 2013 on Civil Litigation - New Jersey
More details to this question:
My neighbor cut the limbs off of the side of the tree on his property.   So now my side is heavy and if the tree falls if will fall In the direction of my house.  When we moved in we had a servay done and the tree is right in the middle.   He had the tree checked out a few years ago and knows its dying.   Whos at fault if the tree hots my hpuse and can I make him cut it down now that he has made it a danger to me?
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1 ANSWER

It sounds like no one knows who owns the tree, or who planted between the first instance.  The basic rule is that you have the right to do whatever is appropriate to that portion of the treated overhangs your property.  Your neighbor owes you know duty of care, nor do you on your neighbor any duty of care with respect to this tree.  If you are concerned about the tree falling and damaging your house, you should trim the branches to the extent you deem necessary.  If the tree is dying, you might consider speaking to your neighbor about sharing the cost of hiring a tree expert to remove the tree safely and with minimal risk of damage to either house.
Answered on Jun 25th, 2013 at 8:30 AM

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