Damage to property

UPDATED: Oct 1, 2022

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Damage to property

During hurricane my neighbors trampoline damaged 2 privacy fences, became

airborne and damaged my son porch. A branch also broke off of her tree and part of it was on my property but the tree has roots that are above ground and feel that it will fall on my house. Does she have to pay for repairs to my sun porch and fences, should she remove the tree?

Asked on September 22, 2018 under Real Estate Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) You write this happened during a hurricane. A property owner is only liable or responsible for damage IF she was at fault in causing it, such as by being unreasonably careless. Unless you can show that she did not secure the trampoline the way you are instructed to or which reasonable people do AND that if she had secured it that way, the hurricane could not have picked it up, she would not be liable. She is not at fault in causing the hurricane and also would not be at fault if she did what was was supposed to in regards to securing a trampoline--or even if she failed to secure it as she should have, if such precautions would have been ineffective against this storm.
2) She probably *should* remove the tree, but you can't force her to. You can put her on written notice (send it some way you can prove delivery) of the perceived threat and if she fails to take precautionary actions after being notified of the threat, you can likely successfully sue her for any damage if the tree does fall, since failing to mitigate a known threat would be unreasonably careless.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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