If a Tree Falls...

[Ananisapta]

It used to be a stately Maple, but now it looks like it's only a matter of time before this large chunk of wood falls onto the common area normally maintained by our homeowners' association. Whether it sits on my lot or on a neighboring undeveloped parcel is not clear. It won't hit anybody or anything, as we're at the end of the road here. The association board tends to shoot from the hip, and based on recent discussion they might want me to clean it up for them. Nobody has discussed our particular tree, however.

Anybody know enough North Carolina law to indicate my exposure in this matter? I'd sooner let nature take its course.

 

[LdiJ]

It used to be a stately Maple, but now it looks like it's only a matter of time before this large chunk of wood falls onto the common area normally maintained by our homeowners' association. Whether it sits on my lot or on a neighboring undeveloped parcel is not clear. It won't hit anybody or anything, as we're at the end of the road here. The association board tends to shoot from the hip, and based on recent discussion they might want me to clean it up for them. Nobody has discussed our particular tree, however.

Anybody know enough North Carolina law to indicate my exposure in this matter? I'd sooner let nature take its course.

A friend of mine had a patch of woods on their property where they let nature take its course. She and her husband were in those woods looking for mushrooms and a tree fell on her husband and killed him.

Before you decide to let nature take its course, make sure that there is no chance at all that someone might be under it when that happens.

 

[Ananisapta]

Before you decide to let nature take its course, make sure that there is no chance at all that someone might be under it when that happens.

I don't go into the woods when it's windy, and my wife doesn't go anywhere on foot. A neighbor may pass that location once a day (I suspect less) in a few seconds. So chances are greater than 99% that nobody will notice that tree's demise before the next morning. How much obligation do I have to prevent every freak accident at the edges of my property? (I'm asking this seriously!)

 

[Zigner]

I don't go into the woods when it's windy, and my wife doesn't go anywhere on foot. A neighbor may pass that location once a day (I suspect less) in a few seconds. So chances are greater than 99% that nobody will notice that tree's demise before the next morning. How much obligation do I have to prevent every freak accident at the edges of my property? (I'm asking this seriously!)

In other words, there's a possibility that someone can be injured, possibly seriously (perhaps fatally), yet you won't bother maintaining your tree because it's not particularly convenient for you.

 

[PayrollHRGuy]

You said it was a common area so it isn't just you and your wife that risk injury. You know about the problem and could be held liable.

 

[adjusterjack]

Anybody know enough North Carolina law to indicate my exposure in this matter? I'd sooner let nature take its course.

There's two types of law you need to be aware of and they aren't likely to be something you can look up.

1 - Negligence law - Simply put, you know of a hazard on your property, you do nothing about it, somebody gets hurt or their property damaged, you pay.

2 - Contract law - Also simply put, you have a contract with the HOA. It's the CC&Rs. If the CC&Rs say you are responsible, it's a provision you agreed on when you bought into the HOA, somebody gets hurt, you pay.

Whether it sits on my lot or on a neighboring undeveloped parcel is not clear

Then find out. Get your plat diagram from the county, or find your survey stakes and figure out where your property line is. If the tree straddles the property line then you both get named in the lawsuit.

Now a word about insurance. Your homeowners insurance would likely pay for your negligent injury or damage to others and then non-renew your policy, thus putting you in the non-standard or high risk category where policies are very expensive and have limited coverage.

My advice: Get the tree down while you have control over the when and the how much. When nature takes its course, you won't have that control.

 

[LdiJ]

There's two types of law you need to be aware of and they aren't likely to be something you can look up.

1 - Negligence law - Simply put, you know of a hazard on your property, you do nothing about it, somebody gets hurt or their property damaged, you pay.

2 - Contract law - Also simply put, you have a contract with the HOA. It's the CC&Rs. If the CC&Rs say you are responsible, it's a provision you agreed on when you bought into the HOA, somebody gets hurt, you pay.



Then find out. Get your plat diagram from the county, or find your survey stakes and figure out where your property line is. If the tree straddles the property line then you both get named in the lawsuit.

Now a word about insurance. Your homeowners insurance would likely pay for your negligent injury or damage to others and then non-renew your policy, thus putting you in the non-standard or high risk category where policies are very expensive and have limited coverage.

My advice: Get the tree down while you have control over the when and the how much. When nature takes its course, you won't have that control.

Unless it turns out that its on the neighboring parcel.

 

[Zigner]

Unless it turns out that its on the neighboring parcel.

Yes...but that was implied in the post when he advised that the OP check the survey. It's pretty obvious that all of the responses are based on the tree being on the OP's property.

 

[LdiJ]

Yes...but that was implied in the post when he advised that the OP check the survey. It's pretty obvious that all of the responses are based on the tree being on the OP's property.

Just wanted to clarify that for the OP.

 

[Zigner]

Just wanted to clarify that for the OP.

Fair enough

 

[adjusterjack]

Thank you both for settling that for me.

 

[Ananisapta]

Well, I've lived here for 12 years and never been sure where the boundary is on that side. I've never found a survey marker. Guess I have to pay for a surveyor to tell me if it's my tree or the developer's or the Association's.

 

[Zigner]

Well, I've lived here for 12 years and never been sure where the boundary is on that side. I've never found a survey marker. Guess I have to pay for a surveyor to tell me if it's my tree or the developer's or the Association's.

Well, they really only need to tell you if it's yours or not...but I know what you mean