This year, in the aftermath of Hurricane Helene and other storms which have affected our region, we are frequently asked who is responsible for cleanup or damage from fallen trees. This blog won’t address Hurricane Helene issues directly, as this would require an in-depth discussion of insurance and complicated issues involving FEMA, State, and local government. Information on that can be found in Jim Slaughter’s recent blog, Legal Tips for HOAs and Condos Following a Natural Disaster. Instead, this blog seeks to address the more common scenarios that come when trees fall from one property to another and cause property damage or personal injury.
In North Carolina, the responsibility for repairing damage caused by fallen trees primarily depends on the ownership and condition of the tree, as well as the location where the damage occurs. As a general matter, if a tree falls due to a natural condition and causes damage, the owner of the land from which the tree falls is not responsible for clean-up or damage caused on another’s property. Under common law, trees are considered natural conditions, and usually a landowner is not liable for harm caused by the natural conditions of the land. This analysis applies even for trees planted by a property owner on their land, as opposed to naturally occurring tree growth. However, there are exceptions to this general rule. For instance, if a tree is located near a sidewalk or highway and poses a danger, a property owner may be liable if they knew or should have known that the tree was creating a dangerous condition and failed to take reasonable care to mitigate the risk. This is particularly relevant in cases where the tree or its limbs might fall onto public roads. The law requires a property owner to consider the risks posed by their trees, considering all relevant factors such as extent of harm if the tree fell and the health and location of the tree. There is no bright-line rule to apply here. A property owner must look at the totality of the circumstances and decide if a reasonable, prudent person, in the same or similar circumstances, would believe the tree was safe or should be removed. Perfection is not required in this analysis, but common sense is required.
Here is how we frequently see this play out: Property owner (individual or community association) maintains property with trees. Neighbor worries that tree could fall on their property, causing personal or property damage, and demands removal. In this scenario, the property owner is likely under an obligation to (within a reasonable period of time) inspect the tree, or arrange for inspection, to determine how much risk is posed. The inspection may be within the ability of a lay person if the tree is obviously healthy or obviously diseased. However, in some circumstances a professional landscaper or arborist inspection may be appropriate. Again, this will depend on the totality of the circumstances and be subject to the “reasonable person” standard described above.
The analysis here also applies to the cost of addressing trees after they have fallen. Anyone who ever entertains themselves with reading social media posts like Next Door will find many threads from owners angry they have to clean up their own lot or property after a neighbor’s tree falls. They may feel this is not fair, but this is how most situations play out. Each person cleans up their own property. This may mean fixing your own fence or dragging pieces of your neighbor’s tree off your property. If, however, the neighboring property owner failed to take reasonable action to address a tree when they knew or should have known of the need for action, the resultant damage may be recoverable from the responsible landowner. NOTE: If a tree hits a building or other structure, it is a casualty event and almost certainly someone’s insurance will come into play.
In summary, while the general rule in North Carolina is that landowners are not liable for damage caused by fallen trees, there are significant exceptions, particularly when it comes to trees near public roads or when a landowner is aware of risk from their trees. Landowners should be aware of their responsibilities and the potential liabilities that may arise from the condition and location of trees on their property and take appropriate action to protect themselves, and others, from harm. Please contact any our attorneys if you wish to discuss this further.