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I am sorry to hear about this situation.OVERVIEW
While is may be trespassing, this is a civil matter as long as she is being peaceful, and this is why the police do not get involved much. Someone in your situation may wish to threaten a civil lawsuit
or actually file one, to get her to stop.TRESPASS AND NUISANCE
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment
," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one
cause of action, although it is not unusual to have more than one.
Here, this may be for -
CIVIL TRESPASS - self explanatory;
NEGLIGENCE PER SE - trespassing illegally against statutory code;
PRIVATE NUISANCE - caused by the invasion of one's interest in the private use and enjoyment of land, when the invasion is intentional and unreasonable, or, unintentional and otherwise actionable under the rules controlling liability for negligent or reckless conduct, or for abnormally dangerous conditions or activities. Birchwood Lakes Colony Club v. Medford Lakes, 449 A. 2d 472 - NJ: Supreme Court 1982 (internal citations omitted).
The Court may order an injunction and damages
, as well as legal fees.
Often, a cease and desist letter from an attorney demanding she stop is enough to have a neighbor stop, fearing litigation.TREE
Whatever part of the tree is on one's property, one can chop off as needed, even if it means the tree will die. Provided one only takes off the tree parts/roots which are on one's side, and not the neighbors, then one has every right to do so. It is wise to be reasonable and not to chop off any more than needed. She cannot prevent work on your property. If she tries, this can be cause for even more action as explained above, and can be part of the suit.
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