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Neighbor trespass and cuts overhang branches of my tree

Harrison, NJ |

Neighbor piles his firewood against my vinyl sidings , tells him to remove he gets upset, did not remove.I came home one afternoon, I see branches of my tree at the back cut on the ground.I presumed he trespassed, I filed a complaint with municipal court, it was dismissed "no probable cause..." How do I make him remove logs within my property (fence sits 1 ft within property). Also no ramifications for cutting branches without our knowledge? I fear for my children s safety, I have 2 boys alone in the house, 15 y/o and 10 y/o with learning disability

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Attorney answers 1


As a general rule, a neighbor has the right to cut limbs off of trees that overhand from your yard onto the neighbor's yard. However, the neighbor may not enter onto your property (trespass) to limb the tree.

If you dispute the property line, you may have to have the property surveyed and the property line marked. You can then have the fence moved so that it sits on the property line.

I am not sure what you mean by your "vinyl sidings".

This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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