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Old May 2, 2016   #5
Douglas_OW
Tomatovillian™
 
Join Date: Feb 2006
Location: NJ z5
Posts: 281
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I believe that in most localities, this issue is not specifically addressed. There are periodic news articles describing law suits where the "victim' might be otherwise judged as the villain:

http://articles.latimes.com/2000/sep...state/re-25961

https://www.google.com/search?hl=en&...=us&authuser=0

I believe that you SHOULD BE allowed to trim those roots, but it would be so much better if you could talk to the neighbor and get his buy-in before you do anything.

There is so much case law discussing these issues that I fear that you will not get a useful, authoritative answer until you wind up in court. Even then, a decision might be the luck of the draw, depending on the judge and circumstances, if there is no definitive regulation on the books.

Jim
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