Neighbor's Tree Fell on the Fence of My Rental Property

[Jordan L.]

Hey everybody,

I'm facing a new situation.  A neighbor's tree fell in July of last year into the back yard of my out-of-state rental property, damaging a small section of chainlink fence.  My property manager at the time charged me for tree removal ($345) and sent a few photos.  I was under the impression that the tree that had fallen was a tree that grew on my property.

Fast forward to now and I learn from a new PM that the tree was a neighbor's tree and my tenants are asking to have the section of fence repaired.  Apparently my initial PM became aware that it was a neighbor's tree and indicated that they were going to contact the neighbor regarding repairs to the fence, but it never happened nor was this communicated to me.

I'm being asked by the current PM to contact the neighbor and request the cost to repair the fence.  I'd also like to recover my tree removal costs if possible, though my current PM is telling me that I'm financially responsible for the tree removal, which doesn't sound correct.  

The property is in NC.

If I can get ahold of the neighbor's contact info (current PM is offering to ask the tenants to get their information, but I don't want my tenants involved), should I email, call, or write a letter?  How should I approach this conversation with the neighbor?

I loathe dealing with the "human" side of RE which is why I hire a PM.  I much prefer deal analysis or DIY reno-ing a vacant property.  I blatantly suck at talking to people, so writing a letter or email would likely be best.  I'd also have the communication in writing.  What should I say?

Thank you in advance.

[Joe Splitrock]

You and your Property Manager both need to get educated on local laws. Most states and localities consider the property line as the line of responsibility. Tree removal and damage is the responsibility of the property owner where it falls. If a neighbors tree falls on your fence, you are responsible for clearing the tree up to the property line. You are also responsible for fixing the fence or anything on your property that was damaged. The only exception is if you can prove owner negligence was to blame for the tree falling. Owner negligence could include a situation like if the tree was dead and rotting in their yard before it fell. It would also include a situation where the neighbor was cutting down the tree and it fell on your property. If the tree fell due to winds or storms, that is an act of God and you are out of luck.

Also be aware that tree maintenance follows the same rules. Anything overhanging your property line is your responsibility to trim and care for. 

Go ahead and call the city to verify, but most likely it is all your responsibility.