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Tree abutting neighbor's wall - NJ

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D

delmore

Guest
What is the name of your state? New Jersey

A tree on my property abuts the extension of a neighbor’s house (a brick wall with an interior room on the other side of the wall). The house with the extension was sold a year ago, and the new neighbor wants me to pay for the removal of the tree, which he says is causing his interior wall on the other side of the tree to stay damp. The tree is directly against and making contact with the wall, and has been like that for 10+ years.

The neighbor told me that he was aware of the damp wall when he bought the house, so I assume he bought the house “as is.”

Under NJ law, am I obligated to pay for removal of the tree?
 


I AM ALWAYS LIABLE

Senior Member
delmore said:
What is the name of your state? New Jersey

A tree on my property abuts the extension of a neighbor’s house (a brick wall with an interior room on the other side of the wall). The house with the extension was sold a year ago, and the new neighbor wants me to pay for the removal of the tree, which he says is causing his interior wall on the other side of the tree to stay damp. The tree is directly against and making contact with the wall, and has been like that for 10+ years.

The neighbor told me that he was aware of the damp wall when he bought the house, so I assume he bought the house “as is.”

Under NJ law, am I obligated to pay for removal of the tree?

My response:

Simply, the tree is "personal property" attached to your "Real property". If your personal property is damaging someone else's property, then you have a duty to mitigate and abate any further or continuing damage.

It doesn't matter that you "believe" he purchased the house "as-is". That's not your "call", and it's a "red herring" argument. The fact still remains that your property is causing damage.

Remove the tree.

IAAL
 

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