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View Full Version : North Carolina fallen tree laws


john gillespie
09-08-2008, 02:37 PM
If a tree that is dead on a neighbors property falls onto my property and damages anything of mine, isnt it the neighbors responsibility to pay for the damages? They since removed the tree stump, which showed the deadness of tree, but I have pics. Are they not STILL responsible for damage caused by their dead tree, even though they didnt know it was dead, or what? Their insurance company told them that its my problem and my fault that I never told them tree was leaning over my rv, didn't know I was to be my neighbors watchful eyes! tree was already dead when it fell onto my rv. minor damage but are they responsible? please help!! God bless.

Marketeer
09-08-2008, 05:30 PM
Sorry, but the law is that if the neighbor knew that his tree was diseased and failed to take action, then the neighbor was negligent and liable for damages. And, yes, you could have and probably should have reported it to the neighbor. That would have put them on notice that there was a problem and, if they failed to take action, you'd be in a much better position right now. You also had the right to trim branches that hung over into your yard.

john gillespie
09-10-2008, 06:13 PM
I left a note on his porch and he says he never got it. the tree was hanging over the end of our house for over a year, due to a storm last year, and it is only the trunk about 20 feet long, no branches . he was notified but says he wasnt. I left a note on the porch, and due to our work schedule, I never see him. I wouldnt know him in a store, but I would recognize him in his car. the tree was dead, so HE should be liable anyway, just as I would be if mine was dead, whether I knew it or not, am I right in this?

moburkes
09-10-2008, 08:05 PM
I left a note on his porch and he says he never got it. the tree was hanging over the end of our house for over a year, due to a storm last year, and it is only the trunk about 20 feet long, no branches . he was notified but says he wasnt. I left a note on the porch, and due to our work schedule, I never see him. I wouldnt know him in a store, but I would recognize him in his car. the tree was dead, so HE should be liable anyway, just as I would be if mine was dead, whether I knew it or not, am I right in this?

Well, no, if you don't know that your property is dead, then how would you know to repair it? File the claim with your insurance company, if the damage is more than your deductible. But, yes, you were legally allowed to cut/trim any portion of the dead tree which was in the air over your property.

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