Legal Question in Real Estate Law in Georgia
Fallen Tree
a dead tree on my property was blown over in a storm. part of it fell onto my neighbor's property, damaging his tractor. i did not know the tree was dead and my neighbor had other places to park the tractor. am i liable? thank you.
1 Answer from Attorneys
Re: Fallen Tree
It is not as simple as whether or not you knew it was dead. The question is whether you should have known it was dead and/or in danger of falling. If the tree looked perfectly OK from the outside (green leaves, no dead branches, etc.), and was dead at the core, it may be deemed an Act of God. If, however, it was obvious it was dead or dying, and there was reason to inspect it, you may have a problem.
Whether or not the neighbor had other places to park his tractor has no relevance whatsoever to the issue.
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