If my neighbor’s dead tree fell on my fence, is he is responsible for the damage done to the fence?

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If my neighbor’s dead tree fell on my fence, is he is responsible for the damage done to the fence?

Because he did not accept my calls or try to get in touch with me, I decided to take him to small claims court. After he received the court notice he hired an attorney and I was contacted by the attorney and we have a court day set for 7th of next month.

Asked on April 16, 2012 under Real Estate Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Tree and fences make up the largest areas of disputes between neighbors.  Although the law varies from state to state, generally speaking, if your neighbore was aware AND HAD NOTICE that the tree was indeed dead then it is not far fetched tha he knew or should have known that it could fall and potentially hare person or property.  Negligence would be imputed to him.  Proving it is the key.  Good luck. 


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