Legal Question in Real Estate Law in Georgia

Potential Damage to Tree

At the rear of my property I have a healthy Pine Tree, about 90' tall and 2 1/2' in diameter. It sits about 20-24'' inside my property line.

The neighbor to my rear seems to be getting ready to put up a fence along his side of the property. He has had several lawn/landscaping service people looking over his property and judging by their gestures it would seem that a fence will be put in.

Fences up to 8' for back and side yards are permitted, no permit is needed.

I understand the common law holding that he may trim any part of a tree or bush that intrudes into his property, but I am concerned that in sinking post holes every 8-10 feet for his fence he may damage the root system of my tree.

Obviously the damaged sections of root would be on his property but is there any liability on his part if his putting up the fence kills my tree?

If the tree does die will he be responsible for its replacement and/or removal.

I assume any liability will be his as any lawn service would be acting at his request.

Should I put him or the service on notice of my concern when I see that they are about to start work or should I just not say anything and hope for the best?

Bill


Asked on 3/24/03, 4:57 pm

1 Answer from Attorneys
Kathryn Heller Neel & Robinson, Attorneys At Law, LLC

Re: Potential Damage to Tree

If your neighbor harms your tree he will be liable to you for damages. However, it seems that you have a good opportunity to avoid the potential damage. Speak to your neighbor about your concerns, and explain to him (in a non-confrontational manner) that if he kills or damages your tree he will be liable. If he is reasonable, he will want to avoid hurting the tree as well. If you talk to him and he proceeds to build the fence in a manner that puts your tree at risk write a letter and send it to him so that you could show the court that you attempted to resolve the matter without litigation and that you put him on notice of the problem. Good Luck!

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Answered on 3/25/03, 9:21 am


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