Research at the law library/questions

[delmore]

Questions re: tree & boundry + research

What is the name of your state? New Jersey

Two questions:

1) I have a tree on my property that is growing (the base of the tree) against a neighbor's house. It may or may not be causing a problems, but I would like to research at the library if the neigbor has the right force us to remove the tree. (in NJ I know that the neighbor has the right to cut back branches on overhanging their property and roots from a neighbor's tree)

2) I believe that the neighbor's building is 3 inches on our property line. The wall was built in the 60's. I will have a survey performed if this will give us more leverage.

I am willing to research these issues at a law library that I have access to. Law students or lawyers, please point me in the right direction for my research.

 

[BelizeBreeze]

Please first check our home page links to full sections of professionally answered questions. Then search the forums archive of over 600,000 previously posted Q & A s.

 

[delmore]

I did a search on the existing posts, and found this:
------------------------------------------------------------
Quote:
Originally posted by yuhaftarun
What is the name of your state?
California.
Our next door neighbor has a tree just inside their property line.
The roots of the tree have completely torn up our brick driveway
and now has made it very unsafe for anyone to walk on. They just
put their home on the market to be sold. Can they be held
responsible for the repairs of the driveway?

response:
Nope. It's called "nature" or, as laypeople call it, "act of God."
There is no liability for the way nature acts.
Also, you had a duty to mitigate your damages to the driveway;
i.e., roots don't just appear overnight. You've known of the
damages for years and could have relieved the problem a long, long
time ago. But, you allowed it to happen.
So, if there's anyone at fault, it's you.
---------------------------------------------------------------
The tree has been there for years. It fell from the sky as a seed and took root. Is that not "nature." If Alwaysliable is correct, I am not responsible for damages. Am I missing something?

 

[tami123]

Your question was already answered here:

https://forum.freeadvice.com/showthread.php?p=661595#post661595

 

[delmore]

Your question was already answered here:

https://forum.freeadvice.com/showthread.php?p=661595#post661595

The post that I found contradicts the answer that I received. Please read and try to comrehend the information next time before responding.

 

[tami123]

In the post you referenced, IAAL specifically said it was the duty of the injured party to mitigate his or her damage. Please tell me how the neighbor can prevent further damage other than requesting tree removal?

 

[HomeGuru]

The post that I found contradicts the answer that I received. Please read and try to comrehend the information next time before responding.

**A: are you still in school?

 

[delmore]

yes - i'm still in school.

 

[HomeGuru]

yes - i'm still in school.

**A: yes, I thought so.