Legal Question in Civil Litigation in North Carolina

We have a situation where our neighbor has a tree, on their land, that is very unstable and is leaning over our dock on a public lake. We have approached them 4 times to see if they would be willing to do something about it. I have met with the owner at the site and he agreed that it is unstable. I even offered to help him cut it down, his typical answer is I�ll get to it in a few weeks. This is going on a year and the tree continues to lean more. I called the county to get their advice and they said this is a legal question but it sounds very neglectful on their part. We have had to move our boat and are ver nervous every time we are on the dock. Can we legally make them cut the tree down? If we can how should we go about it. Please advise


Asked on 7/01/10, 10:57 am

1 Answer from Attorneys
Rachel Hunter

You can exercise self-help to the extent that the encroachment is on your land. You are not privileged to trespass on his land. If you can do so, I would take a picture of the tree, showing its condition, before you trim. Then trim and take another set of pictures. If the tree dies, too bad.

Before you engage in tree trimming, I would send him a certified dear neighbor letter recounting that the tree is encroaching and that it is unstable and that he even saw and agreed. Demand that he remove it within a certain timeframe (like 2 weeks). Tell him you will trim the tree to the extent that it encroaches if he does not take steps to remove it. And tell him that you will hold him liable for any damage you sustain as a result of the tree.

Send the letter via certified mail so that you will have proof that you sent it and that he got it. Keep a copy for yourself. If he plawys games and refuses to pick it up, also hand deliver a copy or send via regular mail.

And no, you cannot make him cut the tree down. All you can do is hold him liable for damages and that is why you want to put him on notice. You really do not want to pay a lawyer now and make him remove the encroachment.

Feel free to contact me if you want me to send a lawyer letter to him instead, but as you are neighbors, this may make the situation worse so it would be better coming from you.

Rachel Hunter

Attorney at Law

[email protected]

(678)-687-9693

Admitted in GA, PA & NC

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Answered on 7/01/10, 7:35 pm


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