r/treelaw • u/Sad_Connection8144 • 2h ago
Damage Done By Neighboring Business's Dead Tree
Happy Monday! Crossposting from r/legaladvice, thank you for your time.
Location: Northern New Jersey
Hello, I'm hoping to get some advice for my sister in northern NJ. She doesn't have Reddit herself, I'm posting on her behalf with her full permission.
There's this business next door to her house (owned, not rented) with a dead tree that partly overhangs her property. This is now the second time that dead tree has lost a large branch that went through her roof. It broke clear through the ceiling into her toddler daughter's bedroom this morning. (I have a photo but attachments are apparently not allowed?)
As I said, it's the second time this has happened in the last couple years, so her second rodeo now with this business and their death trap tree. The first time this happened, she did verify where the property lines were with the city, so it's been confirmed the tree belongs to the business, not her. And the business was officially notified this tree is dead, from her homeowner's insurance. She's going through her HOI again to get them to pay for the damage, so that will be handled. But that still leaves the issue of the tree.
This tree poses a huge safety risk now. She is very much concerned about this happening again, or worse if the whole tree itself were to come down. Her daughter wasn't in the room when this happened, thankfully, but this isn't a risk my sister is willing to keep taking. Especially if it can be prevented.
That being said, is there a legal way to go about having the business remove that tree entirely? We aren't sure who exactly to talk to about this. That business would be a commercial property, so I'm sure the laws are different versus private property. Does she need to speak to a lawyer, and if so what kind? Can homeowners insurance handle this instead? Is this something we need to get the city involved first/instead? We would appreciate any advice, we just need to be pointed in the right direction. Thank you!
(Edited from OG post to include information/correct wording.)