I took pictures on my cell (& sent them to my email) immediately!
I got my Association to act on this- originally they wouldn't because it wasn't 'common property'. But once I emailed them the law....
The Supreme Court recognized that encroaching branches may constitute an actionable nuisance and that a common law right exists to cut off overhanging branches to the property line, but no further. He cut the tree to the trunk- which is my property line.
In Wegener v. Sugerman, 104 N.J.L. 26, 138 A. 699 (Sup. Ct. 1927) the New Jersey Supreme Court held that a landowner may lawfully cut overhanging branches of trees or hedges, but may not destroy the tree or hedge on the neighbor’s land. This form of self-help was found to be acceptable to the Court.
....they found the guidelines in our prospectus about violating neighbors and trespassing. They're bringing it forth to the Board and based on their recommendation, possibly the Associations's attorney. I'm glad my common fee is going to something worthwhile! lol!
I also emailed the Chief of Police- and included the dated pictures. Just to get his thoughts.