Legal Question in Real Estate Law in Georgia

Planting & Maintaing Landscaping on adjacent rpoperty

Our property is adjacent to an apartment complex. Our property is in DeKalb County & they are in Fulton County. The apartment property is wooded & they do not maintain it because it is an area that is fenced off from their side. It has been deeded never to be developed. We have cleared & landscaped part of their property to improve our view.

My question is is there any such law that says we are now liable for this property, ie. if a tree needs to be removed because it is dead, can they make us pay for it?

Thank You for your service.

Althea


Asked on 10/29/05, 4:07 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Planting & Maintaing Landscaping on adjacent rpoperty

You are not responsible. The fact that they basically ignored what was technically a trespass on their property does not create a duty on your part to do further maintenance. However, you might want to consider contacting the oweners of the complex. They might not even be aware of your clearing project. In fact, they may appreciate it, since it probably helps the value of their property. You must know that the apartment dwellers have a right to use the property for picnics, etc. unless you reach an agreement with the owners that they will forbid the tenants from going in that area.

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Answered on 11/08/05, 4:55 pm


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