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Therefore, liability can be shifted to you only by nuisance or trespass theories.

Oct 21, 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.

The same requirement for negligence applies to a city as to a private landowner.

Sep 25, Instead North Carolina jurisprudence follows the common law negligence standard for property and bodily injury for damage caused by falling trees and limbs. A person who is injured or suffers property damage due to the fall of a tree rooted on the adjoining tract must prove that the owner of the adjoining tract was negligent in permitting a Estimated Reading Time: 5 mins.

Oct 11, The law of fallen trees in North Carolina is based largely on the legal theory of negligence. According to this theory, for you to be liable for damages caused by a fallen tree, you must have known the tree was hazardous and the hazard must have been obvious. Jun 26, The law of fallen trees in North Carolina is based primarily on the legal theory of negligence. “This theory of negligence means that you would need to have known about the weakness of the tree limb prior to it falling on your neighbor’s property and causing damage” adds Bumgardner.

Mark O Anderson Tree Service. Sedgewick Court, King George, VA, Administrative and Support and Waste Management and Remediation Services.

If the tree is dead, dying, rotten, or diseased, or alive but obviously hazardous because it is leaning precariously toward another property, the owner of the property where the tree grows will most likely be liable for any damage caused by the tree if it falls on another's property.

View Details. There are a lot home jobs that can be simply completed yourself, but tree removal is not one of them.