Q: My neighbor has an uprooted 80-foot tree that is leaning toward my house near the property line. What are my obligations if the tree falls? Who is responsible if it hits my house or a car parked in the driveway?
P.S.
A: Generally speaking, if a tree is healthy, the owner of the property where the tree fell would be the one responsible for cleanup. However, if the tree is damaged the way you describe, that is a different matter. If a tree or a branch falls because it was dead or damaged, and the tree owner knew there was a problem, it is possible they could be held responsible for any damages that it causes.
"You should contact your neighbor and tell your neighbor of the hazard and get a commitment that the neighbor is going to take care of it," Mike Wells, a local attorney who writes legal advice columns in the Journal, said in an email. "I would also tell the neighbor that if the neighbor's insurance company inspects the premises, the company may require the neighbor to take care of the tree or run the risk of having the insurance canceled. Insurance companies are doing more random and scheduled inspections of insured premises and these kinds of notices of clear risks and insurance consequences are not uncommon."
If the neighbor still does not take action, Wells recommends writing him or her a letter that confirms you have told them of the problem and requested they fix it. You may also want to call your insurance company to see if they suggest any other actions.
The tone you use with your neighbor will be important. "You are just trying to avoid problems," Wells said. "You certainly want to try to preserve a good relationship with your next-door neighbor if at all possible."
Q: My office is adjacent to a welding shop. They have their doors open most of the time, and the fumes drift into our office. Several of us have respiratory problems lately which get worse when we smell these fumes. What can I do?
M.S.
A: While we were asking Wells about the previous question, we asked him about this one as well.
"First, I would talk to the shop owner and tell him of the problem," he said. "Give them a chance to take some appropriate action. If this does not work, I suggest you contact the city manager, or the county manager, depending on where your office is, and tell them of the situation. If the problem persists, contact your council person or county commissioner."
Q: I heard that a Popeyes chicken restaurant was coming to Winston-Salem after the Greensboro restaurant opened last year. We love their chicken. Is it true or just a rumor?
J.G.
A: Right now it's just a rumor, but keep your fingers crossed.
"At this time, we are exploring opportunities in the Winston-Salem area," said a spokeswoman for Popeyes Louisiana Kitchen. But there are no definitive plans at this point, she said.
The Greensboro restaurant is at 106 Pisgah Church Road. Other nearby Popeyes locations are in Whitsett and Eden.
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