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Complaint Against Adjacent Landowner for Damages as a Result of Tree...

Mecklenburg North Carolina Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff

Name: Mecklenburg North Carolina Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff
Brand: US Legal Forms
Rating: 4.74 (335 reviews)

Category:

Real Estate - Complaints

State:

Multi-State

County:

Mecklenburg

Control #:

US-01275BG

Format:

Instant download

Description

As a general rule, every person is entitled to use their property in any way they want, provided the property is used in such a manner as to not injure others. Growths such as trees, bushes, and hedges, by their branches or roots, may invade the property rights of an adjoining owner and a falling tree raises the issue of negligence. The owner of the tree is generally liable for damages caused to the adjoining property owner.

This form is a generic pleading and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The law of fallen trees in North Carolina is based largely on the legal theory of negligence. According to principles of negligence, the owner of the property from which the fallen tree originated will be liable only if the owner knew that the tree was hazardous or such hazard was obvious.

It is the responsibility of the tree owner to ensure it is safe. This typically requires a regular visual check for signs of disease or damage, such as uprooting, splits or loose branches, following high winds and storms.

What is meant by criminal damage? Damage (temporary or permanent) was caused. That damage occurred to property. The damaged property belonged to another. The damage was caused without lawful excuse. An intention to cause the damage, or recklessness as to whether damage would be caused.

If someone vandalized your home or part of your property, you should file a claim with your homeowner's or renter's insurance. If the damage is to your car, you should instead call your auto insurance provider to make a claim. However, as noted above, it's vital to make a report before you call your insurance.

Vandalism. noun. the act of deliberately damaging or destroying things, especially public property.

You can cut the limbs that grow onto your property, but you cannot kill the tree (N.C.G.S. § 14-128). The tree owner may have the responsibility for removing a dead or diseased tree prior to a storm, but you cannot take on that job yourself.

Many acts of vandalism are misdemeanors, meaning the maximum penalties include fines and up to a year in the local jail. However, vandalism that results in serious damage to valuable property is a felony. Defendants charged with a felony can face more than a year in state prison and significant fines.

A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

If your neighbour's tree falls on your house, your own house and property insurance should cover you, similarly if your tree is blown onto your neighbour's property their home insurance should cover him.

Technically speaking, if the limbs are hanging over your property boundary, and they could be a danger, you have the right to trim or cut those limbs. But the best advice is to always talk with your neighbor to find the best way to keep the tree healthy and satisfy your concerns.

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Mecklenburg North Carolina Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff

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Who is liable when a tree falls on a neighbors property in North Carolina?

Who is responsible for damage caused by falling trees?

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Can I cut limbs from my neighbor's tree North Carolina?

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