Legal Question in Real Estate Law in North Carolina

My neighbor's tree fell in a storm in my yard. No damage to property but the removal of the large tree costs $1,000. Who is responsible for its removal, me or my neighbor>?

Asked on 5/22/13, 6:46 pm

1 Answer from Attorneys

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Was the tree diseased at all? Did you ever tell your neighbor, in writing, to take down the tree if it was diseased?

If the tree was healthy and was not a problem, then your neighbor is not liable for true acts of God, like a storm. Its not your neighbor's fault - the tree just as easily could have blown somewhere else (depending on the severity of the storm). I think you are responsible for clearing up that portion of the tree in your yard.

Legal duties aside, nothing prevents you and your neighbor from sharing any costs, especially if a portion of the tree is also in his yard.

If the tree was diseased, then its a different story. If the tree was in bad condition due to disease/rot/bugs and you advised your neighbor that the tree was hazardous and he did nothing, then he is liable for any damage/costs to clean up.

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5/23/13, 12:07 am

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