jeudi 29 mars 2018

Vegetation: Fallen Tree Onto Neighbor's Property

My question involves real estate located in the State of: NJ

Hope I'm posting this in the correct place.

Property line for my parents and their neighbors converges in a wooded area. During a storm several weeks ago, a large tree which was rooted on my parents' side of the property line fell, and is now resting on/against a large tree on the neighbor's property. Both trees are entirely within the wooded area. Nothing has actually hit the ground or damaged any physical property items belonging to the neighbor. Hypothetically, if the neighbors' standing tree were to fall, it could potentially reach into their lawn outside of the wooded area and or hit something, although it appears that IF that were to happen, the tree would fall in the direction away from the neighbors' yard. At this point, several weeks later, I have doubts as to whether any future damage/falling of the standing tree could be reasonably attributed to the tree from my parents' property resting against it, since it has been fully supported now for such a length of time.

The neighbors have been leaving voice mails for my parents, initially indicating that the standing tree could potentially be forced down and damage their property. Now that that has not occurred, they are citing potential for neighborhood children to be hurt by climbing on the fallen tree, and repeatedly demanding to know what my parents are going to do about it (note that there are no neighborhood children living in the immediate area - both my parents and the neighbors are in their 70's - neighbors do have grandchildren that occasionally visit).

From what I can see, the fallen tree appeared to be healthy prior to the storm, and fell due to wind/wet soil/uprooting. The only actual visible damage at this point is scraped bark on the neighbors' tree where the falling tree hit it. The fallen tree is now leaning against and being held up by the standing tree - the fallen tree appears to be fully off the ground, and suspended/balanced between trunks of the standing tree.

Are my parents responsible for the tree falling from their property and onto the neighbors' property? Are they responsible for removing the fallen/leaning tree from the neighbors' property? Are they liable for any subsequent injuries to individuals who may attempt to climb on the trees, which are now both on the neighbors' property? This seems to me as an act of God that felled an otherwise healthy-looking tree, and that my parents have no ability/responsibility to control potential future actions of children/adults on the neighbors' property, or liability for hypothetical injuries resulting from such actions.

I always appreciate and enjoy the advice provided on these forums. Hope I've provided sufficient detail that someone can help determine the proper/necessary course of action (if any).


Vegetation: Fallen Tree Onto Neighbor's Property

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