Who is responsible for damage caused by a fallen branch when the tree is within the town's 10 foot easement?

Asked almost 5 years ago - New Jersey

A branch from a tree on our property fell and damaged the windshield of a car parked beneath it. Although the tree is on our property the town has a ten foot easement from the curb in. We are not permitted to trim or cut these trees down. So who is responsible for damage....property owner or the town?

Attorney answers (1)

  1. Ronald Anthony Sarno

    Contributor Level 20

    Answered . For many years it was the town, as the trees got older some towns passed ordinances making the home-
    owner responsible, so you need to check with your town parks and streets dept to find out.
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    LEGAL DISCLAIMER…………………………………………………………………..
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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