Legal Question in Real Estate Law in Georgia

neighbor's diseased tree

I own a rental house next to another rental house. The properties are seperated by a chain link fence. He has a large diseased oak tree in which the tree trunk is growing into the fence. The tree has a huge hole approximatley 3 feet long by 10 ''wide and 10 '' deep. The tree will fall eventally. It can fall on my house or his. I am concerned about the potental damage to my house and danger to my tenants. I have advise the owners verbally on two occasions but nothing has happened. The tree has numerous branches on my side of the fence.What is my legal recourse ?


Asked on 11/13/07, 1:22 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: neighbor's diseased tree

There is often nothing that can be done about a defective tree on a neighbor's property, short of documenting the condition. Unless a tree falls, there is no damage. The best thing you can do is take dated pictures from time to time and send written notice to the other owner. If it falls and damages your property, due to the defect, you have a much better case. If, however, a tree proposes a clear, imminent threat of falling now, you may be able to seek an order requiring the neighbor to take it down. As for the branches, you can cut the ones over the property line, but that would not necessarily help the condition.

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Answered on 11/13/07, 4:02 pm


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