Table of Contents
- My neighbour cut my tree in New Jersey
- What happens if I cut my neighbour’s tree down in New Jersey?
- If a tree is cut down on my property by a neighbour how much money should I receive in damages?
- If your property was damaged click here to see if you might have a case.
In New Jersey, tree cutting laws only apply to certain types of trees and only in certain situations. In most cases, a neighbour can cut down a tree on the property line without your permission. This is true even if the tree was planted by your neighbour but has grown over the property line.
My neighbour cut my tree in New Jersey
A tree has grown so that the branches of the neighbour’s tree hangover into your yard. Your neighbour is not interested in trimming back these branches, so you want to know what recourse you have.
First, remember that trees stand at the centre of a complicated legal web. In the eyes of the law, a tree is a property — and you can’t do anything to someone else’s property without permission or court order. If your neighbour’s tree falls on your house and causes damage, it’s his problem, not yours.
The second thing to remember is that any time one person tries to solve a problem with another by resorting to legal means, there’s no telling where it will end up. Small problems become big problems; big problems become lawsuits.
My tree branches overhang my property in New Jersey
New Jersey, like many other states, has “boundary tree” laws that determine how much of a tree’s branches can overhang a neighbour’s property without legal consequences.
In New Jersey, if a tree branches overhang or encroach on your property, you are allowed to trim them back to the property line. If the encroaching branches are above the property line, you have no right to cut them back.
If you cut back any part of the tree that is standing on the neighbour’s property — even if it is overhanging onto your property — you must offer to pay for half the value of the portion you removed. This can include not only wood but also branches and leaves.
My neighbour damaged a tree on my property in New Jersey
New Jersey law is pretty clear on this. It’s OK to trim trees that are overhanging the property line but you can’t cut them down. If you do, you have to pay for the tree. Most townships have an ordinance about it. You should talk to your local official about it and see if he can help mediate a solution.
I was involved in an accident with one of my neighbours where she damaged my tree and I ended up selling her the tree for a price we agreed upon and she ended up paying me $300 for the tree. It was a pretty large tree and we were both happy with our arrangement.
My neighbour’s tree roots or branches damaged my property in New Jersey
If tree branches hang over your property, or if roots from the tree are damaging your property, you can only remove the offending part of the tree. It is illegal to cut down a healthy tree that is on your neighbour’s property.
In New Jersey, if a neighbour’s tree threatens your home or property, it may be removed.
First, make sure that the root system and any part of the trunk are completely on your neighbour’s land. If so, you must send a certified letter to your neighbours notifying them of the danger. The letter should include photographs and documentation from an expert confirming that there is indeed danger from the tree. You should also offer in writing to pay half of any costs for the removal of the tree or for trimming it back so that it does not pose a threat to your home or property.
Can my neighbour make me cut my tree?
In New Jersey, as in other states, there are no laws allowing you to “make” a neighbour cut a tree down if it is entirely on his property. However, there are laws governing the height of trees, and you can use them to get your neighbour to trim overhanging branches.
New Jersey law allows cities, towns and counties to pass ordinances that regulate the height of trees in residential areas. In addition, the local government usually has regulations about the distance from property lines that trees must be set back.
If your neighbour’s tree violates local regulations, you can ask the local government to force him to cut it down or trim it up. If there is no law violating a local ordinance, New Jersey law does not require your neighbour to trim overhanging branches.
How can I get my neighbour to cut his dead tree in New Jersey?
The property owner is responsible for the safety of his trees, and the ordinance does not specify which side of the property line a dead tree must be on before it can be removed.
If a property owner refuses to cut a dead tree that is threatening his neighbour’s property, a neighbour can file for an injunction in Superior Court requiring the property owner to take action. In some cases, the court may rule that the neighbour has to pay for the work himself and then sue the property owner for reimbursement.
What happens if I cut my neighbour’s tree down in New Jersey?
If you cut down a tree without permission, there are a couple of different ways to handle it. You can apologize and offer to make good the damage. You might need to pay for removal fees or stump grinding fees so that they can replace the tree with another tree that they may actually like better than the one you cut down.
If their tree was shading your yard, you may be able to negotiate some kind of compromise that satisfies both of you.
In New Jersey, you might have been fine if it wasn’t protected by an ordinance in your town or city. In addition, if it was on your neighbour’s property, you could be liable for any damages.
If a tree is cut down on my property by a neighbour how much money should I receive in damages?
According to the Neighbor Law collection, it is unlawful for one person to cut down a healthy tree on another’s property. Of course, this law doesn’t prevent them from trimming individual branches that might be hanging over their own property.
As far as compensation goes, the court will decide which of the two parties is responsible for compensating the other party for damages. If you can prove that your neighbour deliberately cut down your tree, then he/she will be liable for paying for the removal costs and providing you with compensation for any lost profits.
The amount of compensation you receive will depend on the value of your tree. That value includes replacement costs, maintenance costs and the esthetic value of your tree.