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  1. #1
    Join Date
    Apr 2008
    Posts
    1

    Default Dangerous Steel Stakes Leaning Over Into My Property

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

    Without going into the tedious history of this dispute, I need to know if I have any right to compel my neighbor to remove steel stakes he is using to hold up a tree. The stakes are on his side of the property line however they lean over the line into my property and are dangerously sharp. I have young children who run back and forth along the side of the house while playing. My concern is that the children, or their friends could trip on them, scrape or impale themselves. Even if he adjusted them so that they lean into his property they are still exposed, sharp steel objects which pose potential harm if a child tripped and fell onto his side and onto the stakes.

    Any advice is appreciated.

    Thanks.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Dangerous Steel Stakes Leaning Over Into My Property

    yes, your property line is not just a line on the ground. It is an imaginary plane starting at that line and going upward. How far is out for discussion but generally speaking, you own the space on your side of the line so yes, you can require him to move the stakes if the break that plane.

    The other thing the neighbor needs to understand; even if they are totally on his side of the line, the fact he has "pointy sticks" that he placed in a position that a child could conceivable fall onto and be injured, he could be held liable for those injuries.

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