What is my obligation if I had a small tree fall across my fence into a neighbor’s yard?

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What is my obligation if I had a small tree fall across my fence into a neighbor’s yard?

Today I received a certified letter from this neighbor. He had photographs of this tree and several others at the back of our property. There are a few trees I need to get removed, I would not argue that. I removed the one on his property this afternoon. His house is less than fifty feet from our fence. He insinuates legal action unless I resolve these issues and has given me 3 weeks toresolve them. Can he impose a three week time frame legally? Do we have to clean this area up to his satisfaction or just remove any trees that are dead or may be a danger?

Asked on May 7, 2012 under Real Estate Law, North Carolina

Answers:

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

Answered 9 years ago | Contributor

You have - in your question - kind of hit the nail on the head.  You are not obligated to take donw a tree that is near a property line unless you know that the tree is dead or diseased and likely to cause damage.  If a tree falls due to a storm or something of that sort then it is an "Act of God."   Good luck.


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