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In new jersey if a tree from my property falls in my

Hi in new jersey...

Hi in new jersey if a tree from my property falls in my neighbors yard who would be responsible for clean up cost ?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Wayne New Jersey

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that's it for now

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Customer reply replied 4 months ago
email is fine
Answered in 4 minutes by:
3/8/2018
KLAW
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Customer reply replied 4 months ago
Ok thanks will wait for answer
I can’t do a phone call but I can answer online.
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New Jersey follows what is called the Massachusetts Rule. If a branch falls by an "act of God", then there is no liability on the owner of the property from whose property the tree or branch fell.There is a limited exception if your neighbor can show that you had prior notice of a dangerous condition, and that the owner was made aware of the dangerous condition but did nothing to prevent it.The law is not statutory, but based on court precedents. Here is a caseD''Andrea v. Guglietta, 504 A.2d 1196, 208 N.J.Super. 31 (N.J.Super.App.Div. 01/31/1986)So, your neighbor is responsible for cleaning up their own yard, even if they originated from your tree. Their homeowner's insurance would most likely cover the clean up costs.Also, the township or borough cannot charge or fine you for the tree, either for anything other than cleaning up your own yard if you don't.I hope this clarifies. Please don’t forget to rate the question with stars. We as attorneys are not employees of Just Answer and are not paid unless you rate the question with stars.if it was an act of God (healthy tree knocked over in a storm) then that part on your property is your responsibility even though the tree originated in your neighbor's yard. However, if there was negligence, such as the tree was clearly dead and they ignored it, then they may be liable for the cost of removal even if it fell onto your property.
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Customer reply replied 4 months ago
That’s fine
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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