Fallen Tree Liability: Who Pays When a Tree Falls?

When a tree falls onto your property, the question of liability often arises: who is responsible for the removal and any damage caused? Whether it’s a neighbor’s tree, a tree from public land, or one from your own property, understanding the rules around liability is crucial.

In most cases, fallen tree liability depends on the circumstances:

• Natural Events: If a tree falls due to a storm or other natural event, it’s usually considered an “Act of God,” meaning neither you nor your neighbor is typically responsible.
• Negligence: If the tree fell due to negligence, such as poor maintenance from the owner, you may have grounds for a claim against them.

In some places, like North Carolina, homeowners are usually responsible for dealing with trees that fall on their property, even if they originated from a neighbor’s yard. However, if a tree from a public area (like a city easement) falls, it might be the city’s responsibility to remove it.

Will the City of Raleigh, NC Help Remove Trees?

Cities typically take responsibility for trees in public spaces—like those between the sidewalk and the street. If one of these trees becomes hazardous or falls, the city is likely to step in and handle the removal, especially if it poses a danger to public safety or blocks public access. However, trees on private property are the responsibility of the homeowner.

To find out if a tree is city-owned, homeowners can check public maps or contact local government services for clarification. It’s always best to stay proactive and report any dangerous trees early.

City-Owned Tree Removal in Raleigh, NC

Problem Overview: A homeowner reached out about a tree that was located between the sidewalk and street—on city-owned property. The tree had become a safety hazard, leaning toward the homeowner’s property and causing concerns about its potential fall.

Challenges: This case involved a city-owned tree, so after notifying the city, the homeowner was able to get the tree removed at no charge. The homeowner had thought they would be responsible for the costs, but the city handled it once it was identified as a public safety issue.

Outcome: The city removed the tree promptly, preventing potential damage to the home. This was a great example of how city easement trees are handled, and it saved the homeowner significant costs.