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When leaves and tree branches fall from a neighboring property into your yard, who is responsible for the cleanup?
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“North Carolina does not follow a strict liability standard with an ‘it’s your tree, you pay’ result,” said Robert Branan, an extension agricultural and environmental law specialist, noting many issues are not addressed not by state statute but from common or court-made law.
Here’s what you need to know when your neighbor’s trees and plants impact your property.
State law allows property owners to cut limbs that grow onto your property, but you can’t kill the tree, according to North Carolina Pro Bono Resource Center.
“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,” according to the resource center. “Rather, you should inform your neighbor of the dangerous condition of the tree and request that they address the problem. If they fail to do so and you end up with damage, you will be able to recover damages from the tree owner.”
Who pays damages or the cleanup of a fallen tree largely depends on if the property owner of where the tree fell knew it was hazardous or the hazard was obvious, according to North Carolina law firm Ward and Smith.
“If a tree is alive, appears to be healthy and is not leaning toward another’s property, and the tree falls because of a hurricane (normally considered an ‘Act of God’), then the owner of the lot from which the tree fell will probably not be liable for any damage the fallen tree causes,” according to the law firm.
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A homeowner’s home insurance policy should cover structural damage and removal costs from a tree or branch falling on a property across property lines, Branan wrote.
“It is not the policy-holder’s responsibility to establish fault, and money for the tree damage and removal should come from the policy,” he wrote. “In theory, the insurance company — if the amount paid out is significant enough — could pursue indemnity from the neighbor (or more likely their insurance company) under a theory that the neighbor was negligent in allowing a dangerous tree to loom beside the property line, though how often this happens is not readily known.”
“Leaves, acorns and small twigs are considered natural debris, and North Carolina courts generally view them as a part of the natural environment,” according to Albemarle Landscapes and Tree Service, which services the Outer Banks. “You are responsible for cleaning what falls on your land.”
Visible damage is often the first sign of a hazardous tree, according to Raleigh Tree Service.
Homeowners should look for the following signs of a tree that may need to be removed:
Portions of this story were previously reported in The News & Observer. Inspired by a story from The Sacramento Bee in California.
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