Posted by NCWayne on April 19, 2011 at 19:12:22 from (166.82.187.163):
He guys, I've got an ongoing problem with the HOA and a neighbor at our rental property over a dead tree and damage to our property. I'm not looking for legal advice here as I know it varies state to state, but does anyone look for in the General Statutes to find out what the law is on this issue.
I can't find anything definitive but so far what I have been able to find is if it's living and falls then it's an Act of God and regardless of where the tree sets (who's property) it's the responsibility of the person with the damaged property to pay. Conversely if the tree is obviously dead and the owner of the property the tree is on knows it and has failed to have the hazard removed then it's their responsibility.
Like I said not looking for legal advice but anyone in a similar situation please feel free to chime in. Most importantly, anyone that can tell me what statute to look under please post that too as that is what I really need to know. I've searched for every variation on the dead tree/vegetation/plant/whatever I can think of and am coming up with nothing.
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