Legal Question in Real Estate Law in North Carolina
Tree falling
In North Caolina, if a tree from an ajointing land owner falls on your house or property and causes damage, who is liable for the damage?
Asked on 5/10/07, 12:24 pm
1 Answer from Attorneys
John Kirby
Law Offices of John M. Kirby
Re: Tree falling
In general, the owner of the land from which the tree fell is liable only if he or she was negligent, which generally requires proof that they knew or should have known that the tree might fall. This usually requires proof that the tree was likely to fall (e.g. rotted), and that the owner should have known this. Absent such evidence, the tree-owner is not liable. You may want to consult an attorney with more facts.
Answered on 5/13/07, 10:26 pm
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