Q: Who pays for damages when a rotten tree falls on a neighbor's property?
A rotten tree fell on our house from the wooded lot adjoining our property. Since the damage was minimal, a little over $400, we did not make a claim with our insurance company and paid for the tree removal and gutter repair out of pocket. Can we receive compensation from the owner of the property where the tree fell from?
A: Depends on whether or not the owner of the land had actual knowledge of the rotten tree. In NC you are only responsible for a tree falling if you knew that there was a likelihood of it falling, for example, it was leaning or rotten.
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