New Jersey License Regarding Existing Fence in Subdivision
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FAQ
Even if the tree trunk is on your neighbor's property, you have the responsibility for cutting any branches that extend onto your property line. You are responsible for the cost of cutting any branches you choose to trim. You can cut back anything up to your property line.
Yes, they can. Your tree was most likely encroaching over your neighbor's property so they cut it back. They don't have to haul the branches away, because it's your tree. Also, should a windstorm blow your tree down on your neighbor's property then you're liable for damages.
Under New Jersey law, the ownership of a tree is determined by where the trunk sits, even if the branches and roots extend onto another property. An adjoining property owner is permitted, however, to cut roots and branches that extend onto that owner's property. D'Andrea v. Guglietta, 208 N.J. Super.
Ct. 1911) the New Jersey Supreme Court held that tree branches which overhang the premises of another may constitute a nuisance. In such instances, the person over whose land they spread is entitled to an action for damages against the person responsible for their presence there.
You have a common law right to cut back tree branches that overhang onto your property.The law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them.
Aboveground electric fences, razor wire and barbed wire fences are prohibited in all residential zones. Electric fences are permitted to contain livestock or equine animals, provided they are inside another fence and not accessible from outside.
If you build a fence without a permit, chances are you'll get caught. Most municipalities enforce zoning laws that regulate fence height, materials used and even the style of fence if you live in a historic district. You can apply for a fence permit at your local building and planning office.
Permits are not required for installing or repairing a fence unless the fence acts as a pool barrier or the fence will be higher than six (6) feet. If the latter, a variance will be required. All non-pool barrier fences must comply with the Borough's Fencing Regulations (click here).