My neighbor has a huge oak tree with branches hanging over my roof. Last storm a large branch fell and damaged my gutters. Who pays for the repair?
In most states including North Carolina, the general rule is that your homeowner insurance covers storm damage to your property regardless of where the tree originated. However, if you had previously notified your neighbor in writing that the tree or its branches were a hazard and they failed to act, they could be held liable for negligence. Here is what you should do. First, document the damage with photos and get repair estimates. File a claim with your homeowner insurance for the gutter damage. Your insurance company may then seek reimbursement from your neighbor or their insurance (called subrogation) if negligence can be proven. Going forward, you have the legal right to trim any branches that hang over your property line, at your own expense. You can cut them back to the property line but not beyond. Before cutting, send your neighbor a written notice as a courtesy and to create a paper trail. If the entire tree is dead, dying, or visibly dangerous, send your neighbor a certified letter requesting removal. If they ignore it and the tree later causes damage, they will have a much harder time avoiding liability because you can prove they were informed of the danger.
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