Legal Question in Personal Injury in Georgia
My neighbor of 16 years had a large section of a tree fall on my property. The "Y" of the tree trunk basically split just a few days ago. My neighbor cleaned up the mess but it raises an other issue. There are about 12 or so very tall, very thick loop lolly pines that ride the border between our properties and also making creaking noises. Most are squarely on his property, so started on on his property and have grown considerably and straddle our property line. I am concerned that one or all of these trees may come down on my house. I am considering sending my neighbor a letter advising him that I am concerned about all of the trees and ask him to have them evaluated for soundness and safety. If I do that will that be sufficient notice to establish a course of action to recover damages if my house, cars or family members are crushed by one or more of his trees?
4 Answers from Attorneys
As a general rule, a tree falling is an Act of God, and he will not be liable. Usually you'd make a claim on your own homeowners policy or vehicle policy. Absent unusual facts you have not given, the letter won't matter. The answer might be different with different facts than you posted.
In addition, a tree growing partially on your property is as much your responsibility as your neighbors. That means you have the same responsibility to check them for soundness and safety. This obviously comes with living in a house and having a yard and neighbors. The alternative is a townhouse or condo.
My advice is to look into increasing the value and/or comprehensive coverage of your home insurance policy. In all likelihood your neighbor's policy may come into question where accidents occur through negligence. However, if your concern is primarily about covering your assets and ensuring that you are compensated in the event of a loss, evaluating your insurance is a great first step.
If you have future questions or concerns regarding this or any other civil claim, feel free to contact us at: [email protected]
Best regards,
Sounds like this is a dangerous situation for both you and your neighbor. Why don't YOU be a good neighbor and offer to split the cost of taking down the trees that are unsafe and threaten both his property and yours.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
