Tree swing

[LindaLinda]

What is the name of the state
NJ. I have a tree that was planted by my home's original owners that has since grown so big, it now sits on the property line between my house and my neighbors. I understand that because it sits on both properties, it is now co-owned property. My question is two fold. First are we both responsible for the cost of its maintenance, i.e., trimming, pruning, etc., and secondly, he has put a child's rope swing on his side of the property, without my consult. If a child has an accident of some kind, am I liable? I understand I can get sued by anyone, but am I legally responsible if he put up the swing without my permission or consent? It is on the street, not in a side yard or back yard, and all the neighboorhood kids gather there and jump on the swing from a 4 foot ladder that they like to drag around.What is the name of your state (only U.S. law)?

 

[rowz]

I too am VERY interested to hear the consensus on this issue.

We are in NJ and have a very similar situation to include not only a tire swing, but a rope swing and several other things such as bird houses and feeders.

All placed by the new neighbors; the feeders are nailed into the tree [and I asked them to remove them and the request was ignored] and 2 bird houses are secured with metal chain and though not now, I think that they might constrict the future growth of that large limb.

So....answers here may kill 2 birds with one stone.

TIA -

rowZ

 

[LindaLinda]

tree swing

I still don't know the liability issue, which I am very concerned about, but I do know that the town you live in may have code regulations in place that can restrict the use of "play structures" in yards. In my town, if the tree is in a side or back yard, and it is co-owned, you have no say whatsoever. Your neighbor can do anything to his side of the tree, including removing every single branch on his side if he chooses. However, the use of "play structures" is restricted in front yards that are within so many feet of the street. My question remains, what is my liability, when a "play structure" is erected on a co-owned tree and without my consent, how can it still be my liability?

 

[seniorjudge]

The legal answer to your question is to get a whole lot of liability insurance.

Discuss various options with your insurance agent.

It's not that expensive; you could pay 100 years of premiums for what the lawyer fees would be in one small case.

FULL DISCLOSURE: I do not sell insurance.

 

[HomeGuru]

I still don't know the liability issue, which I am very concerned about, but I do know that the town you live in may have code regulations in place that can restrict the use of "play structures" in yards. In my town, if the tree is in a side or back yard, and it is co-owned, you have no say whatsoever. Your neighbor can do anything to his side of the tree, including removing every single branch on his side if he chooses. However, the use of "play structures" is restricted in front yards that are within so many feet of the street. My question remains, what is my liability, when a "play structure" is erected on a co-owned tree and without my consent, how can it still be my liability?

**A: what did your insurance agent tell you when you asked?