Mark Law Firm Recent Articles.

Oct 10, New Jersey Tree Damage Laws. In New Jersey, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). (To learn what you must prove in order to get actual damages, see Nolo's article When a Neighbor Damages or Destroys Your Tree.) In some states, specific laws allow you to recover additional Author: Emily Doskow, Attorney.

Apr 20, Recently, the New Jersey Appellate Division, in the case of Scannavino v. Walsh (Docket No. AT1), issued a fourteen page Opinion (Approved for Publication on April 14), setting forth the law on the liability of property owners whose trees/vegetation encroaches on the neighbor’s property. In that case, plaintiff alleged that defendants improperly allowed the roots of trees on their Estimated Reading Time: 5 mins.

The first thing you need to know is that where the roots are, the rights are. In other words, if a tree trunk is partly on your property, that means you are a part owner of the tree. If the trunk is in your neighbor's yard, but the branches extend onto your property, the law of overhanging branches typically allows you to trim the tree. May 11, There is a NJ Law that states that if a neighbors tree is a nusance where the branches are over the property line I have the ability to cut them.

My question is why is it up to me to pay to have those branches removed. Why is it not the responsibility of the person who owns the tree that is incroching on my property and causing stumpcleanup.barted Reading Time: 4 mins.