Author: Daniel W.

In cases involving such landscape, North Carolina courts will allow the jury to consider the property’s “aesthetic value.” In Harper v.

Morris, S.E.2ddisc. review denied, S.E.2d (NC Ct. App. ), plaintiffs sued in trespass for damages to certain trees and shrubs that were cut down by defendant. The courtFile Size: KB. Justia US Law US Codes and Statutes North Carolina Code North Carolina Code Chapter 1 - Civil Procedure. North Carolina General Statutes § Damages for unlawful cutting, removal or burning of timber; misrepresentation of property lines.

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Sep 28, Often an individual tree or vine is destroyed in an orchard or vineyard due to natural causes, shaker damage, vehicle accident, or other causes. These workbooks calculate the value of a single tree or vine lost to any cause taking into account the loss of future income. There are two worksheet versions.

In the"With Replanting" worksheet the. Jun 26, The law of fallen trees in North Carolina is based primarily on the legal theory of negligence.

“This theory of negligence means that you would need to have known about the weakness of the tree limb prior to it falling on your neighbor’s property and causing damage” adds Bumgardner. “And if you had the knowledge and you knew it was a.

The taller the tree you need removed, the heavier it will be, and as a result, the higher the risks are for potential damage to those working on its removal, as well as any property nearby.

Sep 13, Question: On the HO 3 form, the policy providesfor tree debris removal per tree with 1, total coverage per occurrence. Aug 12, There will be cases where tree removal costs exceed 4, and there is no specific condition that will cause a tree removal project to escalate to this level. Generally, injury to shade and ornamental trees are compensated with damages.

There is no fixed rule for calculating the damages for the injury to shade and ornamental trees. The before and after rule are applied by the courts for calculating the damages in a case of injury to trees and shrubs.

Other states don't have a specific damages statute for intentional harm to trees. However, tree owners in these states might be able to sue for punitive damages (an extra amount over and above actual damages) if the conduct of the person who damaged the tree was especially outrageous or malicious.

Thank you to Dechert LLP for updating the below content with North Carolina information. Back to the Disaster Assistance Manual – Overview Disaster damage from the heavy rains, ferociously high winds, and flooding manifests in a number of ways. Not uncommonly, objects such as furniture or heavy tree limbs go flying, or trees are. The work covered under this item shall consist of removing trees, stumps, shrubs, etc., from the street right-of-way. The Contractor shall use special care to protect public and private property.

The Contractor shall take special care so as not to damage any utility lines in the process of cutting and removing the trees.