I recently had a tree service take down three tree on my property(I live in central,NJ). I was using a rebar maker at the rear of the property to determine the property line. One of the trees (an oak) was just inside the property line on my side. It was growing at an angle, towards my house, due to the density of the trees on my nieghbors property.
My nieghbor had trimmed the limbs back on her side. The tree was about 50 feet tall and its limbs extended out about thirty feet side to side and about 45 feet into my property (the last 15 feet overhanging my house).
After the tree had been cut down my nieghbor had a survey done that showed the property line three feet(towards my house) from where the line was marked in the past,also placing the base of the tree on her property. However using the new line(which I do not dispute) still almost all of the limbs and a good portion of the trunk were still on my property.
I tried to come to a solution with her but she would not even discuss it and told me she intended to sue me. Yesterday I recieved a letter from her attorney seeking "monetary replacement" for the tree.
As i stated before I do not dispute the property line, my question is since if I had cut
the tree (limbs and trunk) back to the property
line (I spoke with the Township attorney who informs me that the township has no laws or zoning on the books, but I can cut everything back to the property line) and all that would have been let would be a 15 stump with no limbs,
would its location be taken in consideration in preforming an appraisal for damages.

Reply to post by Mike, on September 09, 2001 at 11:29:31:

If the property line goes through any part of the trunk it is a jointly owned tree. If, however, as you stated, the trunk is on the neighbor's side it is her tree and she is entitled to damages.

Although you have the right to cut any limbs (or roots) on your side, you may only do this in a reasonable fashion so as not to harm the tree or make it dangerous.

After you get her assessment of damages, make sure you retain a consulting arborist to review the appraisal. The appraisal should take into consideration the tree size, species, location and condition.

Good Luck!!!

Lew

Reply to post by Lew Bloch, on September 09, 2001 at 11:29:31:

Since there was a marker that was an assumed propertyline designator, could there be a "Reasonable person" argument here? Maybe if the other neighbors assumed it was the property marker too?