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  1. #1
    Join Date
    Nov 2012
    Posts
    1

    Angry Raking Tree Leaves That Fell from Our Tree Across the Property Line

    My question involves real estate located in the State of: New Jersey

    My neighbor that I am having a problem with resides behind half my property.
    So my family had a fence put in recently, and we were following along our boundaries in the back. We had pulled our fence straight along with what our other neighbors have put in (because that is our property line), but when we got the the back half of where she lived, she said that the property was hers (but we had a survey). She showed us a survey claiming that the property was hers (I'm pretty sure her company made a mistake since we have the original survey). So we gave in 10 inches for her property.
    After Hurricane Sandy, a branch from our tree fell off and landed on our fence. We already paid a tree company to have it removed (from her yard as well since it partially fell on hers). After clearing it, she saw us raking the leaves from our yard and demanded that we clean off the leaves that were supposedly from our tree. We already cleaned up the branch that fell from our tree. In addition to yelling at us to clean her lawn, she told us to fix the fence "now."
    My question is....
    Is she technically allowed to tell us to clean up the leaves that fell from the tree in our yard? She claims that those are "our" leaves, and therefor "our garbage" thats on her lawn, so we must clean it up..
    She also blows leaves from her backyard into ours from time to time.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Raking Tree Leaves That Fell from Our Tree + Property Line (Fencing)

    Is she technically allowed to tell us to clean up the leaves that fell from the tree in our yard?
    You did not even need to remove the remains of the tree from her yard. As the damage was caused by an act of God (you can google that term), you and your homeowner's insurance had no liability.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Raking Tree Leaves That Fell from Our Tree + Property Line (Fencing)

    She claims that those are "our" leaves,
    Kindly tell her what falls in her yard is hers and she is welcome to pick up her own leaves.

    as to fixing the fence; tell her the proper defendant would be God. I hear he is very difficult to serve and even when served by publication has still refused to show up in court to defend himself. I haven't heard of anybody successfully garnishing income or levying assets either. Maybe your friend will be more successful.

    She also blows leaves from her backyard into ours from time to time.
    do you want to do something about it? You do have the right to. You can start with calling the police and making a report. They may not take it any further than the report. It can amount to trespass though. You can also sue the neighbor in civil court for the costs to clean up the leaves.

  4. #4
    Join Date
    Jun 2008
    Posts
    15

    Default Re: Raking Tree Leaves That Fell from Our Tree + Property Line (Fencing)

    Wow! She sounds just like my neighbor......

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Raking Tree Leaves That Fell from Our Tree + Property Line (Fencing)

    Quote Quoting CT woodhog
    View Post
    Wow! She sounds just like my neighbor......
    Crazy is what crazy does...

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