Legal Question in Civil Litigation in Georgia

dead tree on property line

A dead oak tree sets on property line.A chain link

fence seperates the two properties with fence faceing

my property,making tree growing on the others property.The tree is now DEAD and allowing large branches to fall,and eventually entire tree falling representing a hazard to my family and property.The other property Owner refuses to accept responsibility for the DEAD tree.

THANK YOU....


Asked on 6/10/01, 3:13 pm

1 Answer from Attorneys

Robert Windholz Robert S. Windholz, Attorney At Law

Re: dead tree on property line

This is a difficult problem. First, is there an agency in your city/county that will respond to any complaint regarding the tree as a health hazard? Secondly, you can consider some type of injunctive suit regarding removal of the tree [See Wade v. Howard, 232 Ga.App. 55(1998); thirdly, a damage suit can result if the tree falls and causes damage. See Wade v. Howard.

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Answered on 6/28/01, 1:04 pm


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