Legal Question in Real Estate Law in North Carolina
My neighbor has two dead trees just a few feet from my property line. If these trees fall and damage anything on my property isn't he liable since the trees are dead? Is it negligence on his part instead of an act of God, since they are dead? Do I have to send him notification?
1 Answer from Attorneys
As a general matter, your neighbor would be liable (if a tree fell on your property and damaged e.g. your house) only if the neighbor was "negligent." In this context, this normally requires that your neighbor have "notice" of the dead trees; i.e. that he have some notice that the trees present a danger to your property. This may be established by the mere proximity of the trees to your neighbor's house. The best way to handle this type of situation is to give the neighbor actual notice of the problem; e.g., send the neighbor a letter (certified or not) notifying the neighbor of the dead trees, noting the potential harm to your property, and requesting that the neighbor remove the trees. You might also want to consult with an attorney in your area for further guidance or assistance with this.