If my neighbor has a rope swing on a tree branch that originates on my property and extends over his yard, if someone got injured on this swing am I liable in any way for those injuries?

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If my neighbor has a rope swing on a tree branch that originates on my property and extends over his yard, if someone got injured on this swing am I liable in any way for those injuries?

If so, can I legally have him remove the rope from the branch?

Asked on June 22, 2015 under Personal Injury, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

What do you mean by a "tree branch that originates on your property"? If the tree is on your neighbor's property and it just happens that one branch overhangs your properth, and that's the branch the swing is connected to, you should not face any liability--it's not your tree, and not your swing.

On the other hand, if it is your tree, then if there are any injuries, as the owner of the tree who allowed it to be used this way, you could indeed be liable. And as the owner of the tree, you could make your neighbor remove the swing--he has no right to put a swing on a tree you own, even if a branch goes into/over his yard.


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